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Rewrote text for the final parts of GPLv3§5 and early parts of GPLv3§6.

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Bradley M. Kuhn 2014-03-20 14:30:32 -04:00
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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 recommended that this be the default way that people comply with GPL, the
GPL does provide options when such distribution is infeasible. 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 GPLv2~\S3, therefore, allows source code to be provided on any physical
``medium customarily used for software interchange.'' By design, this ``medium customarily used for software interchange.'' By design, this
phrase covers a broad spectrum --- the phrase seeks to pre-adapt to 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 reading of in GPLv2\S(b) (as discussed in \S~\ref{GPLv2s2-at-no-charge} of this
tutorial). 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 GPLv2~\S2's final paragraph, however, is reworded and expanded into the final
underlying meaning is unchanged. When independent non-derivative sections are paragraph of GPLv3\S5, which now also covers issues related to copyright
distributed for use in a combination that is a covered work, the whole of the compilations (but not compilations into object code --- that's in the next
combination must be licensed under the GPL, regardless of the form in which section!). The intent and scope is the same as was intended in GPLv2.
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.
\section{GPLv3~\S6: Non-Source and Corresponding Source} \section{GPLv3~\S6: Non-Source and Corresponding Source}
\label{GPLv3s6} \label{GPLv3s6}
Section 6 of GPLv3, which clarifies and revises GPLv2 section 3, requires GPLv3~\S6 clarifies and revises GPLv2~\S3. It requires distributors of GPL'd
distributors of GPL'd object code to provide access to the corresponding object code to provide access to the corresponding source code, in one of
source code, in one of four specified ways. As noted above, ``object code'' four specified ways. As noted in \S~\ref{GPLv3s0}, ``object code'' in GPLv3
in GPLv3 is defined broadly to mean any non-source version of a work. is defined broadly to mean any non-source version of a work.
% FIXME: probably mostly still right, needs some updates, though. % FIXME: probably mostly still right, needs some updates, though.
Subsections 6a and 6b now apply specifically to distribution of object code GPLv3~\S6(a--b) now apply specifically to distribution of object code in a
in a physical product. Physical products include embedded systems, as well as physical product. Physical products include embedded systems, as well as
physical software distribution media such as CDs. As in GPLv2, the physical software distribution media such as CDs. As in GPLv2~\S3 (discussed
distribution of object code may either be accompanied by the machine-readable in \S~\ref{GPLv2s3} of this tutorial), the distribution of object code may
source code, or it may be accompanied by a written offer to provide the either be accompanied by the machine-readable source code, or it may be
machine-readable source code to any third party. GPLv3 clarifies that the accompanied by a valid written offer to provide the machine-readable source
medium for software interchange on which the machine-readable source code is code. However, unlike in GPLv2, that offer cannot be exercised by any third
provided must be a durable physical medium. Subsection 6b does not prevent a party; rather, only those ``who possesses the object code'' it can exercised
distributor from offering to provide source code to a third party by some the offer. (Note that this is a substantial narrowing of requirements of
other means, such as transmission over a network, so long as the option of offer fulfillment, and is a wonderful counterexample to dispute claims that
obtaining source code on a physical medium is presented. the GPLv3 has more requirements than GPLv2.)
% FIXME: probably mostly still right, needs some updates, though. % FIXME: probably mostly still right, needs some updates, though.
Subsection 6b revises the requirements for the written offer to provide GPLv3~\S6(b) further revises the requirements for the written offer to
source code. As before, the offer must remain valid for at least three provide source code. As before, the offer must remain valid for at least
years. In addition, even after three years, a distributor of a product 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 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 distributor also continues to offer spare parts or customer support for
the product model. We believe that this is a reasonable and appropriate the product model. This is a reasonable and appropriate requirement; a
requirement; a distributor should be prepared to provide source code if he or distributor should be prepared to provide source code if he or she is
she is prepared to provide support for other aspects of a physical product. 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 % FIXME-LATER: more information about source provision, cost of physically
of the source code. GPLv2 stated that the price could be no more than the % performing, reasonable fees, medium customary clearly being said durable
cost of physically performing source distribution; GPLv3 allows the price to % connecting back to previous text
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: 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 %FIXME-LATER: tie back to the discussion of the occasional offer pass along
GPLv2. The option of including a copy of an offer received in accordance % stuff in GPLv2 this
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: probably mostly still right, needs some updates, though. % FIXME: probably mostly still right, needs some updates, though.