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							|  | @ -262,7 +262,7 @@ among friends. | |||
| 
 | ||||
| The commercial environment also benefits of this freedom.  Commercial sharing | ||||
| includes selling copies of Free Software: that is, Free Software can | ||||
| be distribted for any monetary | ||||
| be distributed for any monetary | ||||
| price to anyone.  Those who redistribute Free Software commercially also have | ||||
| the freedom to selectively distribute (i.e., you can pick your customers) and | ||||
| to set prices at any level that redistributor sees fit. | ||||
|  | @ -299,7 +299,7 @@ Commercial sharing of modified Free Software is equally important. | |||
| For commercial support to exist in a competitive free market, all | ||||
| developers -- from single-person contractors to large software | ||||
| companies -- must have the freedom to market their services as | ||||
| improvers of Free Software.  All forms of such service marketing must | ||||
| augmenters of Free Software.  All forms of such service marketing must | ||||
| be equally available to all. | ||||
| 
 | ||||
| For example, selling support services for Free Software is fully | ||||
|  | @ -827,7 +827,7 @@ were simply copied and rewritten slightly for each new use\footnote{It | |||
|   University of California at Berkeley gave unilateral permission to remove | ||||
|   the clause from \textit{its} copyrighted works, others who adapted the BSD | ||||
|   license with their own names in place of UC-Berkeley's never have.}.  The | ||||
| GPLv1's innovation of reuable licensing infrastructure, an obvious fact | ||||
| GPLv1's innovation of reusable licensing infrastructure, an obvious fact | ||||
| today, was indeed a novel invention for its day\footnote{We're all just | ||||
|   grateful that the FSF also opposes business method patents, since the FSF's | ||||
|   patent on a ``method for reusable licensing infrastructure'' would have | ||||
|  | @ -944,7 +944,7 @@ This is admittedly a frustrating outcome. | |||
| 
 | ||||
| Other copyleft licenses that appeared after GPL, such | ||||
| as the Creative Commons ``Share Alike'' licenses, the Eclipse Public License | ||||
| and the Mozilla Public License \textbf{require} all copyright holders chosing | ||||
| and the Mozilla Public License \textbf{require} all copyright holders choosing | ||||
| to use any version of those licenses to automatically accept and relicense | ||||
| their copyrighted works under new versions.  Of course ,Creative Commons, the | ||||
| Eclipse Foundation, and the Mozilla Foundation (like the FSF) have generally | ||||
|  | @ -1098,13 +1098,13 @@ Also mentioned by name is the warranty disclaimer. Most people today do | |||
| not believe that software comes with any warranty.  Notwithstanding the | ||||
| \href{http://mlis.state.md.us/2000rs/billfile/hb0019.htm}{Maryland's} and \href{http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+SB372ER}{Virginia's} UCITA bills, there are few or no implied warranties with software. | ||||
| However, just to be on the safe side, GPL clearly disclaims them, and the | ||||
| GPL requires redistributors to keep the disclaimer very visible. (See | ||||
| GPL requires re distributors to keep the disclaimer very visible. (See | ||||
| Sections~\ref{GPLv2s11} and~\ref{GPLv2s12} of this tutorial for more on GPL's | ||||
| warranty disclaimers.) | ||||
| 
 | ||||
| Note finally that GPLv2~\S1 creates groundwork for the important defense of | ||||
| commercial freedom.  GPLv2~\S1 clearly states that in the case of verbatim | ||||
| copies, one may make money.  Redistributors are fully permitted to charge | ||||
| copies, one may make money.  Re distributors are fully permitted to charge | ||||
| for the redistribution of copies of Free Software. In addition, they may | ||||
| provide the warranty protection that the GPL disclaims as an additional | ||||
| service for a fee. (See Section~\ref{Business Models} for more discussion | ||||
|  | @ -1397,7 +1397,7 @@ interpretation of copyright law. Therefore, uncertainty exists with | |||
| respect to determining the extent to which a software program is a | ||||
| derivative work of another in those circuits. However, one may presume | ||||
| that they would give deference to the AFC test since it is by far the | ||||
| majority rule amongst those circuits that have a standard for defining | ||||
| majority rule among those circuits that have a standard for defining | ||||
| a software derivative work. | ||||
| 
 | ||||
| \section{Cases Applying Software Derivative Work Analysis} | ||||
|  | @ -1439,14 +1439,14 @@ structure and taxonomy of the APIs were not protectable under copyright law. | |||
| Specifically, the court characterized the command structure and taxonomy as | ||||
| both a ``method of operation'' (using an approach not dissimilar to the  | ||||
| First Circuit's analysis in Lotus) and a ``functional requirement for  | ||||
| compatability'' (using Sega v. Accolade, 977 F.2d 1510 (9th Cir. 1992) and | ||||
| compatibility'' (using Sega v. Accolade, 977 F.2d 1510 (9th Cir. 1992) and | ||||
| Sony Computer Ent. v. Connectix, 203 F.3d 596 (9th Cir. 2000) as analogies), | ||||
| and thus unprotectable subject matter under \S~102(b).  | ||||
| 
 | ||||
| Perhaps not surprisingly, there have been few other cases involving a highly | ||||
| detailed software derivative work analysis. Most often, cases involve | ||||
| clearer basis for decision, including frequent bad faith on the part of | ||||
| the defendant or overaggressiveness on the part of the plaintiff.   | ||||
| the defendant or over-aggressiveness on the part of the plaintiff.   | ||||
| 
 | ||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||
| 
 | ||||
|  | @ -1565,7 +1565,7 @@ holder of \workg{}. (Imagine, for a moment, if \workg{} were a proprietary | |||
| product --- would its copyright holders  give you permission to create and distribute | ||||
| \gplusi{} without paying them a hefty sum?)  The license of \workg{}, the | ||||
| GPL, states the  options for the copyright holder of \worki{} | ||||
| who may want to create and distribute \gplusi{}.  GPL's pregranted | ||||
| who may want to create and distribute \gplusi{}.  GPL's pre-granted | ||||
| permission to create and distribute derivative works, provided the terms | ||||
| of GPL are upheld, goes far above and beyond the permissions that one | ||||
| would get with a typical work not covered by a copyleft license.  (Thus, to | ||||
|  | @ -1715,7 +1715,7 @@ GPL'd software into mobile devices with very tight memory and space | |||
| constraints.  In such cases, putting the source right alongside the | ||||
| 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. | ||||
| GPL does provide options when such distribution is unfeasible. | ||||
| 
 | ||||
| \label{GPLv2s3-medium-customarily} | ||||
| GPLv2~\S3, therefore, allows source code to be provided on any physical | ||||
|  | @ -1885,7 +1885,7 @@ Inc. v. Pan Man, Inc., 228 F.3d 1352 (Fed. Cir. 2000). Additionally, the | |||
| Federal Circuit extended that rule to include any future recipients of the | ||||
| patented article, not just the direct recipient from the distributor. | ||||
| This theory comports well with the idea of Free Software, whereby software | ||||
| is distributed amongst many entities within the community for the purpose | ||||
| is distributed among many entities within the community for the purpose | ||||
| of constant evolution and improvement. In this way, the law of implied | ||||
| patent license used by the GPLv2 ensures that the community mutually | ||||
| benefits from the licensing of patents to any single community member. | ||||
|  | @ -1920,7 +1920,7 @@ infringement claims against the non-GPLv2-compliant party and | |||
| infringement of the patent, because the implied patent license only | ||||
| extends to use of the software in accordance with the GPLv2. Further, if | ||||
| Company \compB{} distributes a competitive advanced Web browsing program  | ||||
| that is not a derivative work of Company \compA{}'s GPL'ed Web browsing software | ||||
| that is not a derivative work of Company \compA{}'s GPL'd Web browsing software | ||||
| program, Company \compA{} is free to assert its patent against any user or | ||||
| distributor of that product. It is irrelevant whether Company \compB's | ||||
| program is also distributed under the GPLv2, as Company \compB{} can not grant | ||||
|  | @ -2017,7 +2017,7 @@ valid. This has led to mechanisms like ``shrink-wrap'' and ``click-wrap'' | |||
| as mechanisms to perform acceptance ceremonies with EULAs. | ||||
| 
 | ||||
| The GPL does not need contract law to ``transfer rights.''  Usually, no rights | ||||
| are transfered between parties.  By contrast, the GPL is primarily a permission | ||||
| are transferred between parties.  By contrast, the GPL is primarily a permission | ||||
| slip to undertake activities that would otherwise have been prohibited | ||||
| by copyright law.  As such, GPL needs no acceptance ceremony; the | ||||
| licensee is not even required to accept the license. | ||||
|  | @ -2912,7 +2912,7 @@ limitation or further obligation. | |||
| 
 | ||||
| As discussed in \S~\ref{GPLv3-drm} of this tutorial, GPLv3 seeks thwart | ||||
| technical measures such as signature checks in hardware to prevent | ||||
| modification of GPLed software on a device. | ||||
| modification of GPL'd software on a device. | ||||
| 
 | ||||
| To address this issue, GPLv3~\S6 requires that parties distributing object | ||||
| code provide recipients with the source code through certain means.  When | ||||
|  | @ -2997,7 +2997,7 @@ including small businesses and schools, and had only recently been | |||
| promoted for use in the home.}. | ||||
| 
 | ||||
| However, Magnuson-Moss is not a perfect fit because in the area of components | ||||
| of dwellings, the settled interpretation under Magnuson-Moss underinclusive. | ||||
| of dwellings, the settled interpretation under Magnuson-Moss under-inclusive. | ||||
| Depending on how such components are manufactured or sold, they may or may | ||||
| not be considered Magnuson-Moss consumer products.\footnote{Building | ||||
|   materials that are purchased directly by a consumer from a retailer, for | ||||
|  | @ -3324,7 +3324,7 @@ However, the patent licensing practices that GPLv2~\S7 (corresponding to | |||
| GPLv3~\S12) is designed to prevent is only one of several ways in which | ||||
| software patents threaten to make free programs non-free and to prevent users | ||||
| from exercising their rights under the GPL. GPLv3 takes a more comprehensive | ||||
| approach to combatting the danger of patents. | ||||
| approach to combating the danger of patents. | ||||
| 
 | ||||
| GPLv2~\S7 has seen some success in deterring conduct that would otherwise | ||||
| result in denial of full downstream enjoyment of GPL rights, and thus it is | ||||
|  | @ -3528,7 +3528,7 @@ this make a mockery of free software, and we must do everything in our power | |||
| to stop them. | ||||
| 
 | ||||
| First, GPLv3~\S11\P6 states that any license that protects some recipients of | ||||
| GPLed software must be extended to all recipients of the software.   | ||||
| GPL'd software must be extended to all recipients of the software.   | ||||
| If conveyors arrange to provide patent | ||||
| protection to some of the people who get the software from you, that | ||||
| protection is automatically extended to everyone who receives the software, | ||||
|  | @ -4338,3 +4338,26 @@ compliance in new situations. | |||
| % ===================================================================== | ||||
| % END OF FIRST DAY SEMINAR SECTION | ||||
| % ===================================================================== | ||||
| 
 | ||||
| %%  LocalWords:  Sebro Novalis Ravicher GPLv GPL'd copylefted LGPLv OSI USC | ||||
| %%  LocalWords:  noncommercially counterintuitive Berne copyrightable DRM UC | ||||
| %%  LocalWords:  proprietarize proprietarization Stallman's Tridgell's RMS | ||||
| %%  LocalWords:  Lessig Lessig's Stallman Proto GPLs proto Tai pre GPL's ful | ||||
| %%  LocalWords:  legalbol AGPLv Runtime licensor licensors relicense UCITA | ||||
| %%  LocalWords:  unprotectable Intl nd th Kepner Tregoe Bando Indust Mitel | ||||
| %%  LocalWords:  Iqtel Bateman Mitek Arce protectable hoc faire de minimis | ||||
| %%  LocalWords:  Borland Int'l uncopyrightable LLC APIs Ent Connectix DVD's | ||||
| %%  LocalWords:  redistributor diachronic unshared subpart redistributors | ||||
| %%  LocalWords:  CDs userbase reshifts licensor's distributee impliedly Mgmt | ||||
| %%  LocalWords:  patentee  relicenses irrevocability Jacobsen Katzer TRW CCS | ||||
| %%  LocalWords:  Unfreedonia administrivia Relicensing impermissibly centric | ||||
| %%  LocalWords:  permissibility firehose bytecode minified Javascript DLLs | ||||
| %%  LocalWords:  preprocessors functionalities offsite sublicensing DMCA CFR | ||||
| %%  LocalWords:  anticircumvention WIPO BitTorrent multidirectional Magnuson | ||||
| %%  LocalWords:  subdefinition Dryvit Stroebner Tandy TRS superset LGPL SLES | ||||
| %%  LocalWords:  cryptographic relicensing removability sublicensed Novell | ||||
| %%  LocalWords:  anticompetitive administrability sublicensable licensable | ||||
| %%  LocalWords:  sublicense sublicensees sublicenses affixation Novell's | ||||
| %%  LocalWords:  severability Affero LGPL'd lingua franca glibc facto LGPL's | ||||
| %%  LocalWords:  relicensed runtime subunits relink downloadable MontaVista | ||||
| %%  LocalWords:  CodeSourcery OpenTV MySQL TrollTech | ||||
|  |  | |||
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	 Bradley M. Kuhn
						Bradley M. Kuhn