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