diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 460d0b9..18be4e3 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2486,34 +2486,28 @@ GPLv2: ``modify'' ``covered work'', ``propagate'', ``convey'', and GPLv2 included a defined term, ``work based on the Program'', but also used the term ``modify'' and ``based on'' throughout the license. GPLv2's ``work based on the Program'' definition made use of a legal term of art, -``derivative work'', which is peculiar to USA copyright law. However, -ironically, most criticism of USA-specific legal terminology in GPLv2's -``work based on the Program'' definition historically came not primarily from -readers outside the USA, but from those within it\footnote{The FSF noted in - that it did not generally agree with these views, and expressed puzzlement - by the energy with which they were expressed, given the existence of many - other, more difficult legal issues implicated by the GPL. Nevertheless, - the FSF argued that it made sense to eliminate usage of local copyright - terminology to good effect.}. Admittedly, even though differently-labeled -concepts corresponding to the derivative work are recognized in all copyright -law systems, these counterpart concepts might differ to some degree in scope -and breadth from the USA derivative work. +``derivative work'', which is peculiar to USA copyright +law\footnote{(Ironically, most criticism of USA-specific legal +terminology in GPLv2's ``work based on the Program'' definition historically +came not primarily from readers outside the USA, but from those within +it\footnote{The FSF noted in that it did not generally agree with these + views, and expressed puzzlement by the energy with which they were + expressed, given the existence of many other, more difficult legal issues + implicated by the GPL. Nevertheless, the FSF argued that it made sense to + eliminate usage of local copyright terminology to good effect.}. GPLv2 +always sought to cover all rights governed by relevant copyright law, in the +USA and elsewhere. +Even though differently-labeled concepts corresponding to the +derivative work are recognized in all copyright law systems, these +counterpart concepts might differ to some degree in scope and breadth from +the USA derivative work. GPLv3 therefore takes the task of +internationalizing the license further by removing references to derivative +works and by providing a more globally useful definition. +GPLv3 drops all reference to USA ``derivative works'' and returns +to the base concept only: GPL covers the licensed work and all works where +copyright permission from the licensed work's copyright holder. -% FIXME: integrate - -So in GPLv3, we and our clients at the Free Software Foundation -decided to drop all illustrative reference to US ``derivative works,'' -returning to the base concept only: GPL covers the licensed work and all -works based on the work, where ``based on the work'' is defined as any -modification or combination with the licensed work that requires copyright -permission to make. -% FIXME-URGENT: end - -The goal and intention of GPLv2 was always to cover all rights governed by -relevant copyright law, in the USA and elsewhere. GPLv3 therefore takes the -task of internationalizing the license further by removing references to -derivative works and by providing a more globally useful definition. The new -definition returns to the common elements of copyright law. Copyright +The new definitions returns to the common elements of copyright law. Copyright holders of works of software have the exclusive right to form new works by modification of the original --- a right that may be expressed in various ways in different legal systems. GPLv3 operates to grant this right to @@ -2533,38 +2527,31 @@ definition. GPLv3 offers a single term ``covered work'', which enables some of the wording in GPLv3 to be simpler and clearer than its GPLv2 counterparts. -% FIXME-URGENT: integrate - -Two terms are used in GPLv3 deliberately exotic to the language of -international copyright. +Next, to avoid locking GPLv3 into specific copyright statues, the GPLv3 +defines two terms that are otherwise exotic to the language of international +copyright. \subsection{Propagate} -% FIXME-URGENT: integrate - -To ``propagate'' a work covered by the license means any activity that -requires permission of copyright holders in the local legal system where the -activities are carried on. Personal use or modification for personal use are -activities explicitly excluded from ``propagation'' regardless of domestic -copyright law, in order to prevent domestic copyright law from trenching on -freedoms 0 to 2. -%FIXME-URGENT: end +To ``propagate'' a work covered by the license means any activity in a locale +that requires permission of copyright holders in that locale's legal system. +However, personal use or modification for personal use are activities explicitly +excluded from ``propagation'' \textit{regardless} of domestic copyright law. The term ``propagate'' serves two purposes. First, ``propagate'' provides a simple and convenient means for distinguishing between the kinds of uses of a work that GPL imposes conditions on and the kinds of uses that GPL does not (for the most part) impose conditions on. -Second, ``propagate'' helps globalize GPL in its wording and effect. When a -work is GPL'd, the copyright law of some particular country will govern -certain legal issues arising under the license. A term like ``distribute'' -(or its equivalent in languages other than English) is used in several -national copyright statutes. Yet, practical experience with GPLv2 revealed -the awkwardness of using the term ``distribution'' in a license intended for -global use: the scope of ``distribution'' in the copyright context can differ -from country to country. The GPL never necessarily intended the specific -meaning of ``distribution'' that exists under USA (or any other country's) -copyright law. +Second, ``propagate'' helps globalize GPL in its wording and effect: +``derivative work'' was in fact not the only term commonly used by local +copyright statutes. A term like ``distribute'' (or its equivalent in +languages other than English) is also used in several national copyright +statutes. Practical experience with GPLv2 revealed the awkwardness of using +the term ``distribution'' in a license intended for global use: the scope of +``distribution'' in the copyright context can differ from country to country. +The GPL never necessarily intended the specific meaning of ``distribution'' +that exists under USA (or any other country's) copyright law. Indeed, even within a single country and language, the term distribution may be ambiguous; as a legal term of art, distribution varies significantly in @@ -2589,27 +2576,19 @@ some particular national copyright statute. This helps not only with internationalization, but also factually-based terminology aids in developers' and users' understanding of the GPL\@. -%FIXME-URGENT: integrate - As a further benefit, because ``propagation'' includes all -exclusive rights granted under any particular copyright regime, regimes that -require a valid license to account for all exclusive rights are automatically -complied with. -% FIXME-URGENT: end +exclusive rights granted under any particular copyright regime, the term +automatically accounts for all exclusive rights under that regime. \subsection{Convey} -%FIXME-URGENT: integrate - -Any propagation that enables other parties to receive or make copies of the -work, is called ``conveying''. In general, conveying is the activity that -triggers copyleft obligations. -% FIXME-URGENT: end - -Further to this point, a subset of propagate --- ``convey'' --- is defined. +Next, GPLv3 defines a subset of propagate --- ``convey''. Conveying includes activities that constitute propagation of copies to others. As with the definition of propagate, GPLv3 thus addresses transfers of copies of software in behavioral rather than statutory terms. +Any propagation that enables other parties to receive or make copies of the +work, is called ``conveying''. Usually, conveying is the activity that +triggers most of the other obligations of GPLv3. \subsection{Appropriate Legal Notices}