* Wrote about GPL Section 6 and minor editing fixes
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@ -8,6 +8,8 @@
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out outline some.
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out outline some.
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(section{GPL \S 4: Termination on Violation}): Wrote section.
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(section{GPL \S 4: Termination on Violation}): Wrote section.
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(section{GPL \S 5: Acceptance, Copyright Style}): Wrote section.
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(section{GPL \S 5: Acceptance, Copyright Style}): Wrote section.
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(section{GPL \S 6: GPL, My One and Only}): Wrote section.
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(section{GPL \S 8: }): Moved to previous chapter.
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2003-05-28 Bradley M. Kuhn <bkuhn@fsf.org>
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2003-05-28 Bradley M. Kuhn <bkuhn@fsf.org>
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@ -64,10 +64,11 @@ any medium, provided this notice is preserved.
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\begin{abstract}
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\begin{abstract}
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This tutorial gives a section-by-section explanation of the most popular
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This tutorial gives a section-by-section explanation of the most popular
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Free Software copyright license, the GNU General Public License (GNU GPL),
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Free Software copyright license, the GNU General Public License (GNU GPL),
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and teaches software developers, managers and businesspeople how to use
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and teaches software developers, managers and business people how to use
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the GPL and GPL'ed software successfully in new Free Software business and
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the GPL and GPL'ed software successfully in a new Free Software business and
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in existing, successful enterprises.
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in existing, successful enterprises.
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Attendees should have a general familiarity with software development
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Attendees should have a general familiarity with software development
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@ -198,7 +199,7 @@ For a program to be Free Software, the freedom to run the program must be
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completely unrestricted. This means that any use for that software that
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completely unrestricted. This means that any use for that software that
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the user can come up with must be permitted. Perhaps, for example, the
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the user can come up with must be permitted. Perhaps, for example, the
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user has discovered an innovative new use for a particular program, one
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user has discovered an innovative new use for a particular program, one
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that the programmer never could have predicted. Such a use much not be
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that the programmer never could have predicted. Such a use must not be
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restricted.
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restricted.
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It was once rare that this freedom was restricted by even proprietary
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It was once rare that this freedom was restricted by even proprietary
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@ -225,7 +226,7 @@ users groups). This means they must have the freedom to recruit
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programmers who might altruistically assist them to modify their software.
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programmers who might altruistically assist them to modify their software.
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The commercial exercise of this freedom is also essential. Each user, or
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The commercial exercise of this freedom is also essential. Each user, or
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group of users, must have the right to hire anyone they wish on a
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group of users, must have the right to hire anyone they wish in a
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competitive free market to modify and change the software. This means
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competitive free market to modify and change the software. This means
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that companies have a right to hire anyone they wish to modify their Free
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that companies have a right to hire anyone they wish to modify their Free
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Software. Additionally, such companies may contract with other companies
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Software. Additionally, such companies may contract with other companies
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@ -314,7 +315,7 @@ redistributing that software\footnote{Copyright law in general also
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governs ``public performance'' of copyrighted works. There is no
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governs ``public performance'' of copyrighted works. There is no
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generally agreed definition for public performance of software and
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generally agreed definition for public performance of software and
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version 2 of the GPL does not govern public performance.}. By law, the
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version 2 of the GPL does not govern public performance.}. By law, the
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copyright holder (aka the author) of the work controls how others my copy,
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copyright holder (aka the author) of the work controls how others may copy,
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modify and/or distribute the work. For proprietary software, these
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modify and/or distribute the work. For proprietary software, these
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controls are used to prohibit these activities. In addition, proprietary
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controls are used to prohibit these activities. In addition, proprietary
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software distributors further impede modification in a practical sense by
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software distributors further impede modification in a practical sense by
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@ -365,6 +366,7 @@ expressed permission to take actions governed by copyright law.
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By contrast, what the copyright holder has done is renounce her copyright
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By contrast, what the copyright holder has done is renounce her copyright
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controls on the work. The law gave her controls over the work, and she
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controls on the work. The law gave her controls over the work, and she
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%should the ``she'' be a ``(s)he'' ?
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has chosen to waive those controls. Software in the public domain is
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has chosen to waive those controls. Software in the public domain is
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absent copyright and absent a license. The software freedoms discussed in
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absent copyright and absent a license. The software freedoms discussed in
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Section~\ref{Free Software Definition} are all granted because there is no
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Section~\ref{Free Software Definition} are all granted because there is no
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@ -401,7 +403,7 @@ and that work of of defending software freedom is a substantial part of
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its work today. Specifically because of this ``embrace, proprietarize and
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its work today. Specifically because of this ``embrace, proprietarize and
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extend'' cycle, FSF made a conscious choice to copyright its Free Software,
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extend'' cycle, FSF made a conscious choice to copyright its Free Software,
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and then license it under ``copyleft'' terms, and many, including the
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and then license it under ``copyleft'' terms, and many, including the
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developers of the kernel named Linux has chosen to follow this paradigm.
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developers of the kernel named Linux have chosen to follow this paradigm.
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Copyleft is a legal strategy to defend, uphold and propagate software
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Copyleft is a legal strategy to defend, uphold and propagate software
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freedom. The basic technique of copyleft is as follows: copyright the
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freedom. The basic technique of copyleft is as follows: copyright the
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@ -482,7 +484,7 @@ Samba altruistically, but also get work doing it. Priorities change when a
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client is in the mix, but all the code is contributed back to the
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client is in the mix, but all the code is contributed back to the
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canonical version. Meanwhile, many other individuals have gotten involved
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canonical version. Meanwhile, many other individuals have gotten involved
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non-commercially as developers, because they want to ``cut their teeth on
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non-commercially as developers, because they want to ``cut their teeth on
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Free Software'' or because the problem interest them. When they get good
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Free Software'' or because the problems interest them. When they get good
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at it, perhaps they will move on to another project or perhaps they will
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at it, perhaps they will move on to another project or perhaps they will
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become commercial developers of the software themselves.
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become commercial developers of the software themselves.
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@ -565,7 +567,7 @@ remain free in just this sense.\footnote{This quotation is Copyright
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In essence, lawyers are paid to service the shared commons of legal
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In essence, lawyers are paid to service the shared commons of legal
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infrastructure. Few defend themselves in court or write their own briefs
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infrastructure. Few defend themselves in court or write their own briefs
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(even though they legally permitted to do so) because everyone would
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(even though they are legally permitted to do so) because everyone would
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prefer to have an expert do that job.
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prefer to have an expert do that job.
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The Free Software economy is a market that is ripe for experts. It
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The Free Software economy is a market that is ripe for experts. It
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@ -628,7 +630,7 @@ Thus, users are explicitly given the freedom to run by \S 0.
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The bulk of \S 0 not yet discussed gives definitions for other terms used
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The bulk of \S 0 not yet discussed gives definitions for other terms used
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throughout. The only one worth discussing in detail is ``work based on
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throughout. The only one worth discussing in detail is ``work based on
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the Program''. The reason this definition is particular interesting is
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the Program''. The reason this definition is particularly interesting is
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not for the definition itself, which is rather straightforward, but the
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not for the definition itself, which is rather straightforward, but the
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because it clears up a common misconception about the GPL\@.
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because it clears up a common misconception about the GPL\@.
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@ -682,13 +684,13 @@ copies, one may make money. Redistributors are fully permitted to charge
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for the redistribution of copies of Free Software. In addition, they may
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for the redistribution of copies of Free Software. In addition, they may
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provide the warranty protection that the GPL disclaims as an additional
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provide the warranty protection that the GPL disclaims as an additional
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service for a fee. (See Section~\ref{Business Models} for more discussion
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service for a fee. (See Section~\ref{Business Models} for more discussion
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on making profit from Free Software redistribution.)
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on making a profit from Free Software redistribution.)
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\section{GPL \S 2: Share and Share Alike}
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\section{GPL \S 2: Share and Share Alike}
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Many consider \S 2 the heart and soul of the GPL\@. For many, this is
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Many consider \S 2 the heart and soul of the GPL\@. For many, this is
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where the ``magic'' happens that defends software freedom along the
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where the ``magic'' happens that defends software freedom along the
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distribution chain. I certainly agree that if GPL has a soul, this is
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distribution chain. I certainly agree that if the GPL has a soul, this is
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where it is. However, I argue that the heart is in fact contained in \SS
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where it is. However, I argue that the heart is in fact contained in \SS
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4--5 (see Section~\ref{GPLs4} and~\ref{GPLs5} of this tutorial). But, for
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4--5 (see Section~\ref{GPLs4} and~\ref{GPLs5} of this tutorial). But, for
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the moment, let us consider the soul.
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the moment, let us consider the soul.
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@ -734,7 +736,7 @@ share their changes. On the contrary, \S 2(b) {\bf does not apply if} the
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changes are never distributed. Indeed, the freedom to make private,
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changes are never distributed. Indeed, the freedom to make private,
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personal changes to software that are not shared should be protected and
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personal changes to software that are not shared should be protected and
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defended\footnote{FSF does maintain that there is an {\bf ethical}
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defended\footnote{FSF does maintain that there is an {\bf ethical}
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obligation to redistributor changes that are generally useful, and often
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obligation to redistribute changes that are generally useful, and often
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encourages companies and individuals to do so. However, there is a
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encourages companies and individuals to do so. However, there is a
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clear distinction between what one {\bf ought} to do and what one {\bf
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clear distinction between what one {\bf ought} to do and what one {\bf
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must} do.}.
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must} do.}.
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@ -860,21 +862,21 @@ truly GPL'ed.
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Software is a strange beast when compared to other copyrightable works.
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Software is a strange beast when compared to other copyrightable works.
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It is currently impossible to make a film or a book that can be truly
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It is currently impossible to make a film or a book that can be truly
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obscured. Ultimately, the full text of a novel must presented to the
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obscured. Ultimately, the full text of a novel must presented to the
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reader as words in some human-readable language so that they can enjoy the
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reader as words in some human-readable langauge so that they can enjoy the
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work. A film, even one directed by David Lynch, must be perceptible by
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work. A film, even one directed by David Lynch, must be perceptable by
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human eyes and ears to have any value.
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human eyes and ears to have any value.
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Software is not so. While the source code, the human-readable
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Software is not so. While the source code, the human-readible
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representation of software is of keen interest to programmers, users and
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representation of software is of keen interest to programmers, users and
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programmers alike cannot make the proper use of software in that
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programmers alike cannot make the proper use of software in that
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human-readable form. Binary code --- the ones and zeros that the computer
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human-readible form. Binary code --- the ones and zeros that the computer
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can understand --- must be producible and attainable for the software to
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can understand --- must be producable and attainable for the software to
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be fully useful. Without the binaries, be they in object or executable
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be fully useful. Without the binaries, be they in object or executable
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form, the software serves only the didactic purposes of computer science.
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form, the software serves only the diadactic purposes of computer science.
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Under copyright law, binary representations of the software are simply
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Under copyright law, binary representations of the software are simply
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derivative works of the source code. Applying a systematic process (i.e.,
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derivative works of the source code. Applying a systematic process (i.e.,
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``compilation'') to a work of source code yields binary code. The binary
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``compilation'') to a work of source code yeilds binary code. The binary
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code is now a new work of expression fixed in the tangible medium of
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code is now a new work of expression fixed in the tangible medium of
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electronic file storage.
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electronic file storage.
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@ -892,7 +894,7 @@ of \S\S 1--2, so all the material previously discussed applies here.
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However, \S 3 must go a bit further. Access to the software's source code
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However, \S 3 must go a bit further. Access to the software's source code
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is an incontestable prerequisite for the exercise of the fundamental
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is an incontestable prerequisite for the exercise of the fundamental
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freedoms to modify and improve the software. Making even the most trivial
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freedoms to modify and improve the software. Making even the most trivial
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changes to a software program at the binary level is effectively
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changes to a software program at the binary level is effecitvely
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impossible. \S 3 must ensure that the binaries are never distributed
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impossible. \S 3 must ensure that the binaries are never distributed
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without the source code, so that these freedoms are ensured to be passed
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without the source code, so that these freedoms are ensured to be passed
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along the distribution chain.
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along the distribution chain.
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@ -1159,21 +1161,49 @@ freedom.
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\section{GPL \S 6: GPL, My One and Only}
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\section{GPL \S 6: GPL, My One and Only}
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\label{GPLs6}
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\label{GPLs6}
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Under copyright law, the GPL has granted various rights and freedoms to
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A point that was glossed over in Section~\ref{GPLs4}'s discussion of \S 4
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the licensee to perform acts of copying, modification, and redistribution
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was the irrevocable nature of the GPL\@. The GPL is indeed irrevocable,
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that would otherwise have been prohibited by default. Since, barring
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and it is made so formally \S 6.
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special permission from the copyright holder, the GPL is a licensee's one
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and only license to the software (thanks to \S 6),
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\section{GPL \S 7: ``Give My Software Liberty of Give It Death!''}
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The first sentence in \S 6 ensures that as software propagates down the
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distribution chain, that each licensor can pass along the license to each
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new licensee. Under \S 6, the act of distributing automatically grants a
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license from the original licensor to the next recipient. This creates a
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chain of grants that ensure that everyone in the distribution has rights
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under the GPL\@. In a mathematical sense, this bounds the bottom ---
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making sure that future licensees get no fewer rights than than the
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licensee before.
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The second sentence of \S 6 does the opposite; it bounds from the top. It
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prohibits any licensor along the distribution chain from placing
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additional restrictions on the user. In other words, no additional
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requirements may trump the rights and freedoms given by GPL\@.
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The final sentence of \S 6 makes it abundantly clear that no individual
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entity in the distribution chain is responsible for the compliance of any
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other. This is particularly important for non-commercial users who have
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passed along a source offer under \S 3(c), as they cannot be assured that
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the issuer of the offer will honor their \S 3 obligations.
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In short, \S 6 says that your license for the software is your one and
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only copyright license allowing you to copy, modify and distribute the
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software.
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\section{GPL \S 7: ``Give Software Liberty of Give It Death!''}
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\label{GPLs7}
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\label{GPLs7}
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In essence, \S 7 is a verbosely worded way of saying for non-copyright
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systems what \S 6 says for copyright. If there exists any reason that a
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distributor knows of that would prohibit those who would later receive
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the software from the distribution
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\section{GPL \S 8: Finding Freedonia}
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\label{GPLs8}
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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\chapter{Odds, Ends, and Absolutely No Warranty}
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\chapter{Odds, Ends, and Absolutely No Warranty}
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\section{GPL \S 8}
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\label{GPLs8}
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\section{GPL \S 9}
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\section{GPL \S 9}
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\label{GPLs9}
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\label{GPLs9}
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