Merge together text that explains propagation.
This commit is contained in:
parent
1eef642eff
commit
88388e6d24
1 changed files with 27 additions and 52 deletions
79
gpl-lgpl.tex
79
gpl-lgpl.tex
|
@ -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
|
||||
counterparts.
|
||||
|
||||
|
||||
% FIXME: does propagate definition still work the same way in final draft?
|
||||
\section{Propagate}
|
||||
|
||||
The term ``propagate'' serves two purposes. First, ``propagate'' provides 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
|
||||
does not (for the most part) impose conditions on.
|
||||
work that GPL imposes conditions on and the kinds of uses that GPL does not
|
||||
(for the most part) impose conditions on.
|
||||
|
||||
Second, ``propagate'' furthers our goal of making the license as global as
|
||||
possible in its wording and effect. When a work is licensed under the GPL,
|
||||
the copyright law of some particular country will govern certain legal issues
|
||||
arising under the license. A term like ``distribute'' or its equivalent in
|
||||
languages other than English, is used in several national copyright statutes.
|
||||
Second, ``propagate'' helps globalize GPL in its wording and effect. When a
|
||||
work is GPL'd, the copyright law of some particular country will govern
|
||||
certain legal issues arising under the license. A term like ``distribute''
|
||||
(or its equivalent in languages other than English) is used in several
|
||||
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
|
||||
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 does not seek to necessarily use the specific
|
||||
meaning of ``distribution'' that exists under United States copyright law or
|
||||
any other country's copyright law.
|
||||
|
||||
%FIXME: rewrite, FSF third person,e tc.
|
||||
|
||||
Even within a single country and language, the term distribution may be
|
||||
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.
|
||||
Indeed, even within a single country and language, the term distribution may
|
||||
be ambiguous; as a legal term of art, distribution varies significantly in
|
||||
meaning among those countries that recognize it. For example, comments
|
||||
during GPLv3's drafting process indicated 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.
|
||||
Meanwhile, the copyright laws of many countries, 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
|
||||
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,
|
||||
``propagation'' may include other activities as well.
|
||||
|
||||
% FIXME: probably merge this in
|
||||
|
||||
Propagation is defined by behavior, and not by categories drawn from some
|
||||
particular national copyright statute. We believe that such factually-based
|
||||
terminology has the added advantage of being easily understood and applied by
|
||||
individual developers and users.
|
||||
Thus, propagation is defined by behavior, and not by categories drawn from
|
||||
some particular national copyright statute. This helps not only with
|
||||
internationalization, but also factually-based terminology aids in
|
||||
developers' and users' understanding of GPL\@.
|
||||
|
||||
% FIXME: transition here to convey definition, maybe with \subsection {},
|
||||
% 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.
|
||||
|
||||
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
|
||||
|
||||
|
|
Loading…
Reference in a new issue