diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 8b2f9b9..cc741f3 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2711,6 +2711,56 @@ use. % FIXME: 7d-f +\section{GPLv3~\S7(e): Peer-to-Peer Sharing Networks} + +% FIXME: rewrite a bit, maybe drop reference to bitorrent? + +Certain decentralized forms of peer-to-peer file sharing present a challenge +to the unidirectional view of distribution that is implicit in GPLv2 and +Draft 1 of GPLv3. It is neither straightforward nor reasonable to identify +an upstream/downstream link in BitTorrent distribution; such distribution is +multidirectional, cooperative and anonymous. In systems like BitTorrent, +participants act both as transmitters and recipients of blocks of a +particular file, but they see themselves as users and receivers, and not as +distributors in any conventional sense. At any given moment of time, most +peers will not have the complete file. + +% FIXME: rewrite a bit. + +The GPL permits distribution of a work in object code form over a network, +provided that the distributor offers equivalent access to copy the +Corresponding Source Code ``in the same way through the same place.'' This +wording might be interpreted to permit BitTorrent distribution of binaries if +they are packaged together with the source code, but this impractical, for at +least two reasons. First, even if the source code is packaged with the +binary, it will only be available to a non-seeding peer at the end of the +distribution process, but the peer will already have been providing parts of +the binary to others in the network, functioning rather like a router or a +cache proxy. Second, in practice BitTorrent and similar peer-to-peer forms +of transmission have been less suitable means for distributing source code. +In large distributions, packaging source code with the binary may result in a +substantial increase in file size and transmission time. Source code +packages themselves tend not to be transmitted through BitTorrent owing to +reduced demand. There generally will be too few participants downloading the +same source package at the same time to enable effective seeding and +distribution. + +% FIXME: rewrite a bit. + +We have made two changes that recognize and facilitate distribution of +covered works in object code form using BitTorrent or similar peer-to-peer +methods. First, under new subsection 6e, if a licensee conveys such a work +using peer-to-peer transmission, that licensee is in compliance with section +6 so long as the licensee knows, and informs other peers where, the object +code and its Corresponding Source are publicly available at no charge under +subsection 6d. The Corresponding Source therefore need not be provided +through the peer-to-peer system that was used for providing the binary. +Second, we have revised section 9 to make clear that ancillary propagation of +a covered work that occurs as part of the process of peer-to-peer file +transmission does not require acceptance, just as mere receipt and execution +of the Program does not require acceptance. Such ancillary propagation is +permitted without limitation or further obligation. + % FIXME: removing additional restrictions % FIXME: probably mostly still right, needs some updates, though.