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Merge together text that explains propagation.

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Bradley M. Kuhn 2014-03-20 05:38:49 -04:00
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gpl-lgpl.tex
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@ -2319,45 +2319,34 @@ definition. GPLv3 offers a single term ``covered work'', which enables some
of the wording in GPLv3 to be simpler and clearer than its GPLv2 of the wording in GPLv3 to be simpler and clearer than its GPLv2
counterparts. counterparts.
\section{Propagate}
% FIXME: does propagate definition still work the same way in final draft?
The term ``propagate'' serves two purposes. First, ``propagate'' provides a The term ``propagate'' serves two purposes. First, ``propagate'' provides a
simple and convenient means for distinguishing between the kinds of uses of a simple and convenient means for distinguishing between the kinds of uses of a
work that the GPL imposes conditions on and the kinds of uses that the GPL work that GPL imposes conditions on and the kinds of uses that GPL does not
does not (for the most part) impose conditions on. (for the most part) impose conditions on.
Second, ``propagate'' furthers our goal of making the license as global as Second, ``propagate'' helps globalize GPL in its wording and effect. When a
possible in its wording and effect. When a work is licensed under the GPL, work is GPL'd, the copyright law of some particular country will govern
the copyright law of some particular country will govern certain legal issues certain legal issues arising under the license. A term like ``distribute''
arising under the license. A term like ``distribute'' or its equivalent in (or its equivalent in languages other than English) is used in several
languages other than English, is used in several national copyright statutes. national copyright statutes. Yet, practical experience with GPLv2 revealed
the awkwardness of using the term ``distribution'' in a license intended for
global use: the scope of ``distribution'' in the copyright context can differ
from country to country. The GPL never necessarily intended the specific
meaning of ``distribution'' that exists under USA (or any other country's)
copyright law.
Practical experience with GPLv2 revealed the awkwardness of using the Indeed, even within a single country and language, the term distribution may
term ``distribution'' in a license intended for global use. be ambiguous; as a legal term of art, distribution varies significantly in
The scope of ``distribution'' in the copyright context can differ from meaning among those countries that recognize it. For example, comments
country to country. The GPL does not seek to necessarily use the specific during GPLv3's drafting process indicated that in at least one country,
meaning of ``distribution'' that exists under United States copyright law or distribution may not include network transfers of software but may include
any other country's copyright law. interdepartmental transfers of physical copies within an organization.
Meanwhile, the copyright laws of many countries, as well as certain
%FIXME: rewrite, FSF third person,e tc. international copyright treaties, recognize ``making available to the
public'' or ``communication to the public'' as one of the exclusive rights of
Even within a single country and language, the term distribution may be copyright holders.
ambiguous; as a legal term of art, distribution varies significantly in
meaning among those countries that recognize it. For example, we have been
told that in at least one country distribution may not include network
transfers of software but may include interdepartmental transfers of physical
copies within an organization. In many countries the term ``making available
to the public'' or ``communicating to the public'' is the closest counterpart
to the generalized notion of distribution that exists under USA law.
% FIXME: Connect up with: Indeed or something like that.
The
copyright laws of many countries other than the United States, as well
as certain international copyright treaties, recognize ``making
available to the public'' or ``communication to the public'' as one of
the exclusive rights of copyright holders.
Therefore, the GPL defines the term ``propagate'' by reference to activities Therefore, the GPL defines the term ``propagate'' by reference to activities
that require permission under ``applicable copyright law'', but excludes that require permission under ``applicable copyright law'', but excludes
@ -2366,12 +2355,10 @@ also gives examples of activities that may be included within ``propagation''
but it also makes clear that, under the copyright laws of a given country, but it also makes clear that, under the copyright laws of a given country,
``propagation'' may include other activities as well. ``propagation'' may include other activities as well.
% FIXME: probably merge this in Thus, propagation is defined by behavior, and not by categories drawn from
some particular national copyright statute. This helps not only with
Propagation is defined by behavior, and not by categories drawn from some internationalization, but also factually-based terminology aids in
particular national copyright statute. We believe that such factually-based developers' and users' understanding of GPL\@.
terminology has the added advantage of being easily understood and applied by
individual developers and users.
% FIXME: transition here to convey definition, maybe with \subsection {}, % FIXME: transition here to convey definition, maybe with \subsection {},
% also maybe with: Similar is true with the term ``convey''. % also maybe with: Similar is true with the term ``convey''.
@ -2389,18 +2376,6 @@ licensees and other parties, for determination under local law.
% FIXME: paragraph number change , and more on Convey once definition comes. % FIXME: paragraph number change , and more on Convey once definition comes.
The third paragraph of section 2 represents another effort to compensate for
variation in national copyright law. We distinguish between propagation that
enables parties other than the licensee to make or receive copies, and other
forms of propagation. As noted above, the meaning of ``distribution'' under
copyright law varies from country to country, including with respect to
whether making copies available to other parties (such as related public or
corporate entities) is ``distribution.'' ``Propagation,'' however, is a term
not tied to any statutory language. Propagation that does not enable other
parties to make or receive copies --- for example, making private copies or
privately viewing the program --- is permitted unconditionally. Propagation
that does enable other parties to make or receive copies is permitted as
``distribution,'' subject to the conditions set forth in sections 4--6.
% FIXME: Appropriate Legal Notices % FIXME: Appropriate Legal Notices