Rewrote text for the final parts of GPLv3§5 and early parts of GPLv3§6.
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							|  | @ -1717,6 +1717,7 @@ binaries on the machine itself might not be an option.  While it is | |||
| recommended that this be the default way that people comply with GPL, the | ||||
| GPL does provide options when such distribution is infeasible. | ||||
| 
 | ||||
| \label{GPLv2s3-medium-customarily} | ||||
| GPLv2~\S3, therefore, allows source code to be provided on any physical | ||||
| ``medium customarily used for software interchange.''  By design, this | ||||
| phrase covers a broad spectrum --- the phrase seeks to pre-adapt to | ||||
|  | @ -2769,85 +2770,72 @@ words ``at no charge,'' which was often is misunderstood upon na\"{i}ve | |||
| reading of in GPLv2\S(b) (as discussed in \S~\ref{GPLv2s2-at-no-charge} of this | ||||
| tutorial). | ||||
| 
 | ||||
| %  FIXME: 5d.  Related to Appropriatey Legal notices | ||||
| %  FIXME-LATER: Write up something on 5d, and related it to Appropriate Legal Notices. | ||||
| 
 | ||||
| 
 | ||||
| % follows 5d now, call it the ``final paragraph'' | ||||
| Note that of GPLv2~\S2's penultimate and ante-penultimate paragraphs are now | ||||
| handled adequately by the definitions in GPLv3\S0 and as such, have no direct | ||||
| analogs in GPLv3. | ||||
| 
 | ||||
| The paragraph following subsection 5c has been revised for clarity, but the | ||||
| underlying meaning is unchanged. When independent non-derivative sections are | ||||
| distributed for use in a combination that is a covered work, the whole of the | ||||
| combination must be licensed under the GPL, regardless of the form in which | ||||
| such combination occurs, including combination by dynamic linking. The final | ||||
| sentence of the paragraph adapts this requirement to the new compatibility | ||||
| provisions of section 7. | ||||
| 
 | ||||
| We have added these words to the aggregation clause to eliminate any question | ||||
| that GPLv3 alters the scope of the copyleft as understood and applied under | ||||
| GPLv2. In GPLv3, as in GPLv2, addition of modules or other parts to a program | ||||
| results in a new program based on the old program, with different functional | ||||
| characteristics created by the merger of two expressions: the original | ||||
| program and the added parts.  Such added parts are ``by their nature | ||||
| extensions of'' the old program, and therefore the entire new program which | ||||
| they and the old program form must be licensed under the GPL.  As subsection | ||||
| 5c states, packaging of a work has no bearing on the scope of copyleft. | ||||
| GPLv2~\S2's final paragraph, however, is reworded and expanded into the final | ||||
| paragraph of GPLv3\S5, which now also covers issues related to copyright | ||||
| compilations (but not compilations into object code --- that's in the next | ||||
| section!).  The intent and scope is the same as was intended in GPLv2. | ||||
| 
 | ||||
| \section{GPLv3~\S6: Non-Source and Corresponding Source} | ||||
| \label{GPLv3s6} | ||||
| 
 | ||||
| Section 6 of GPLv3, which clarifies and revises GPLv2 section 3, requires | ||||
| distributors of GPL'd object code to provide access to the corresponding | ||||
| source code, in one of four specified ways. As noted above, ``object code'' | ||||
| in GPLv3 is defined broadly to mean any non-source version of a work. | ||||
| GPLv3~\S6 clarifies and revises GPLv2~\S3.  It requires distributors of GPL'd | ||||
| object code to provide access to the corresponding source code, in one of | ||||
| four specified ways.  As noted in \S~\ref{GPLv3s0}, ``object code'' in GPLv3 | ||||
| is defined broadly to mean any non-source version of a work. | ||||
| 
 | ||||
| % FIXME:  probably mostly still right, needs some updates, though. | ||||
| 
 | ||||
| Subsections 6a and 6b now apply specifically to distribution of object code | ||||
| in a physical product. Physical products include embedded systems, as well as | ||||
| physical software distribution media such as CDs. As in GPLv2, the | ||||
| distribution of object code may either be accompanied by the machine-readable | ||||
| source code, or it may be accompanied by a written offer to provide the | ||||
| machine-readable source code to any third party. GPLv3 clarifies that the | ||||
| medium for software interchange on which the machine-readable source code is | ||||
| provided must be a durable physical medium. Subsection 6b does not prevent a | ||||
| distributor from offering to provide source code to a third party by some | ||||
| other means, such as transmission over a network, so long as the option of | ||||
| obtaining source code on a physical medium is presented. | ||||
| GPLv3~\S6(a--b) now apply specifically to distribution of object code in a | ||||
| physical product.  Physical products include embedded systems, as well as | ||||
| physical software distribution media such as CDs.  As in GPLv2~\S3 (discussed | ||||
| in \S~\ref{GPLv2s3} of this tutorial), the distribution of object code may | ||||
| either be accompanied by the machine-readable source code, or it may be | ||||
| accompanied by a valid written offer to provide the machine-readable source | ||||
| code.  However, unlike in GPLv2, that offer cannot be exercised by any third | ||||
| party; rather, only those ``who possesses the object code'' it can exercised | ||||
| the offer.  (Note that this is a substantial narrowing of requirements of | ||||
| offer fulfillment, and is a wonderful counterexample to dispute claims that | ||||
| the GPLv3 has more requirements than GPLv2.) | ||||
| 
 | ||||
| % FIXME:  probably mostly still right, needs some updates, though. | ||||
| 
 | ||||
| Subsection 6b revises the requirements for the written offer to provide | ||||
| source code. As before, the offer must remain valid for at least three | ||||
| years. In addition, even after three years, a distributor of a product | ||||
| GPLv3~\S6(b) further revises the requirements for the written offer to | ||||
| provide source code. As before, the offer must remain valid for at least | ||||
| three years. In addition, even after three years, a distributor of a product | ||||
| containing GPL'd object code must offer to provide source code for as long as | ||||
| the distributor also continues to offer spare parts or customer support for | ||||
| the product model. We believe that this is a reasonable and appropriate | ||||
| requirement; a distributor should be prepared to provide source code if he or | ||||
| she is prepared to provide support for other aspects of a physical product. | ||||
| the product model.  This is a reasonable and appropriate requirement; a | ||||
| distributor should be prepared to provide source code if he or she is | ||||
| prepared to provide support for other aspects of a physical product. | ||||
| 
 | ||||
| % FIXME: 10x language is gone. | ||||
| GPLv3~\S6(a--b) clarifies that the medium for software interchange on which | ||||
| the machine-readable source code is provided must be a durable physical | ||||
| medium.  GPLv3~\S6(b)(2), however, permits a distributor to instead offer to | ||||
| provide source code from a network server instead, which is yet another | ||||
| example GPLv3 looser in its requirements than GPLv2 (see | ||||
| \S~\ref{GPLv2s3-medium-customarily} for details). | ||||
| 
 | ||||
| Subsection 6b also increases the maximum permitted price for providing a copy | ||||
| of the source code. GPLv2 stated that the price could be no more than the | ||||
| cost of physically performing source distribution; GPLv3 allows the price to | ||||
| be up to ten times the distributor's cost. It may not be practical to expect | ||||
| some organizations to provide such copies at cost. Moreover, permitting such | ||||
| organizations to charge ten times the cost is not particularly harmful, since | ||||
| some recipient of the code can be expected to make the code freely available | ||||
| on a public network server. We also recognize that there is nothing wrong | ||||
| with profiting from providing copies of source code, provided that the price | ||||
| of a copy is not so unreasonably high as to make it effectively unavailable. | ||||
| % FIXME-LATER: more information about source provision, cost of physically | ||||
| % performing, reasonable fees, medium customary clearly being said durable | ||||
| % connecting back to previous text | ||||
| 
 | ||||
| % FIXME:  probably mostly still right, needs some updates, though. | ||||
| GPLv3\S6(c) gives narrower permission than GPLv2\S3(c).  The ``pass along'' | ||||
| option for GPLv3\S6(c)(1) offers is now available only for individual | ||||
| distribution of object code; moreover, such individual distribution can occur | ||||
| only ``occasionally and noncommercially.''  A distributor cannot comply with | ||||
| the GPL merely by making object code available on a publicly-accessible | ||||
| network server accompanied by a copy of the written offer to provide source | ||||
| code received from an upstream distributor. | ||||
| 
 | ||||
| Subsection 6c gives narrower permission than the corresponding subsection in | ||||
| GPLv2.  The option of including a copy of an offer received in accordance | ||||
| with subsection 6b is available only for private distribution of object code; | ||||
| moreover, such private distribution is restricted to ``occasional | ||||
| non-commercial distribution.''  This subsection makes clear that a | ||||
| distributor cannot comply with the GPL merely by making object code available | ||||
| on a publicly-accessible network server accompanied by a copy of the written | ||||
| offer to provide source code received from an upstream distributor. | ||||
| %FIXME-LATER: tie back to the discussion of the occasional offer pass along | ||||
| %             stuff in GPLv2 this  | ||||
| 
 | ||||
| % FIXME:  probably mostly still right, needs some updates, though. | ||||
| 
 | ||||
|  |  | |||
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	 Bradley M. Kuhn
						Bradley M. Kuhn