Copyleft/guide
6
0
Fork 0
Code Issues Pull requests Projects Releases Packages Wiki Activity Actions

Incorporate new text fully into this section.

Browse source
This commit is contained in:
Bradley M. Kuhn 2014-11-10 21:10:57 -05:00
parent 46d8650bec
commit a43a205f9b
1 changed files with 43 additions and 64 deletions
Show stats Download patch file Download diff file Expand all files Collapse all files

107
gpl-lgpl.tex
View file

@ -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}