Move one paragraph around, and revise another.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -3269,28 +3269,18 @@ the working of the license.
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\section{GPLv3~\S10: Explicit Downstream License}
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\section{GPLv3~\S10: Explicit Downstream License}
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% FIXME: These don't belong here, but it's closer to where it ought to be now.
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% FIXME-LATER: link up this paragraph to above sections.
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It is important to note that section 11, paragraph 3 refers to a work that is
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GPLv3 removed the words ``at no charge'' from GPLv2~\S2(b) (in GPLv3,~\S5(b))
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conveyed, and section 10, paragraph 2 refers to a kind of automatic
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because it contributed to a misconception that the GPL did not permit
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counterpart to conveying achieved as the result of a transaction.
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charging for distribution of copies. The purpose of the ``at no charge''
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wording was to prevent attempts to collect royalties from third parties. The
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% FIXME: needs filled out and more here.
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removal of these words created the danger that the imposition of licensing
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fees would no longer be seen as a license violation. Therefore, GPLv3~\S10
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Draft1 removed the words ``at no charge'' from what is now subsection 5b, the
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adds a new explicit prohibition on imposition of licensing fees or royalties.
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core copyleft provision, for reasons related to our current changes to the
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This section is an appropriate place for such a clause, since it is a
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second paragraph of section 4: it had contributed to a misconception that the
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specific consequence of the general requirement that no further restrictions
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GPL did not permit charging for distribution of copies. The purpose of the
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be imposed on downstream recipients of GPL-covered code.
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``at no charge'' wording was to prevent attempts to collect royalties from
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third parties. The removal of these words created the danger that the
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imposition of licensing fees would no longer be seen as a license
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violation.
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We therefore have added a new explicit prohibition on imposition of licensing
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fees or royalties in section 10. This section is an appropriate place for
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such a clause, since it is a specific consequence of the general requirement
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that no further restrictions be imposed on downstream recipients of
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GPL-covered code.
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Careful readers of the GPL have suggested that its explicit prohibition
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Careful readers of the GPL have suggested that its explicit prohibition
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against imposition of further restrictions\footnote{GPLv2, section 6; Draft
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against imposition of further restrictions\footnote{GPLv2, section 6; Draft
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@ -3313,6 +3303,12 @@ which the work is based, infringes a patent.
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\section{GPLv3~\S11: Explicit Patent Licensing}
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\section{GPLv3~\S11: Explicit Patent Licensing}
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\label{GPLv3s11}
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\label{GPLv3s11}
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% FIXME: These don't belong here, but it's closer to where it ought to be now.
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It is important to note that section 11, paragraph 3 refers to a work that is
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conveyed, and section 10, paragraph 2 refers to a kind of automatic
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counterpart to conveying achieved as the result of a transaction.
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The patent licensing practices that section 7 of GPLv2 (corresponding to
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The patent licensing practices that section 7 of GPLv2 (corresponding to
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section 12 of GPLv3) was designed to prevent are one of several ways in which
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section 12 of GPLv3) was designed to prevent are one of several ways in which
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software patents threaten to make free programs non-free and to prevent users
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software patents threaten to make free programs non-free and to prevent users
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