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Begin section on non-copyright issues, focusing first on patents.

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Bradley M. Kuhn 2014-03-15 16:30:45 -04:00
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gpl-lgpl.tex
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@ -455,6 +455,34 @@ concept behind copyleft, but to actually make it work in the real world, a
true implementation in legal text must exist. The GPL is the primary true implementation in legal text must exist. The GPL is the primary
implementation of copyleft in copyright licensing language. implementation of copyleft in copyright licensing language.
\subsection{Software and Non-Copyright Legal Regimes}
\label{software-and-non-copyright}
The use, modification and distribution of software, like many endeavors,
simultaneously interacts with multiple different legal regimes. As was noted
early via footnotes, copyright is merely the \textit{most common way} to
restrict users' rights to copy, share, modify and/or redistribute software.
However, proprietary software licenses typically use every mechanism
available to subjugate users. For example:
\begin{itemize}
\item Unfortunately, despite much effort by many in the software freedom
community to end patents that read on software (i.e., patents on
computational ideas), they still ultimately exist. As such, a software
program might otherwise be seemly unrestricted, but a patent might read on
the software and ruin everything for its users.\footnote{See
\S\S~\ref{gpl-implied-patent-grant},~\ref{GPLs7},~\ref{GPLv3s11} for more
discussion on how the patent system interacts with copyleft, and read
Richard M.~Stallman's essay,
\href{http://www.wired.com/opinion/2012/11/richard-stallman-software-patents/}{\textit{Let’s
Limit the Effect of Software Patents, Since We Can’t Eliminate Them}}
for more information on the problems these patents present to society.}
\item
\subsection{Non-USA Copyright Regimes} \subsection{Non-USA Copyright Regimes}
\label{non-usa-copyright} \label{non-usa-copyright}
@ -1463,6 +1491,7 @@ only rarely a better option than complying via \S 3(a).
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{GPL's Implied Patent Grant} \chapter{GPL's Implied Patent Grant}
\label{gpl-implied-patent-grant}
We digress again briefly from our section-by-section consideration of GPLv2 We digress again briefly from our section-by-section consideration of GPLv2
to consider the interaction between the terms of GPL and patent law. The to consider the interaction between the terms of GPL and patent law. The
@ -1859,7 +1888,7 @@ So end the terms and conditions of the GNU General Public License.
\section{GPLv3 \S 10: Explicit Downstream License} \section{GPLv3 \S 10: Explicit Downstream License}
\section{GPLv3 \S 11: Explicit Patent Licensing} \section{GPLv3 \S 11: Explicit Patent Licensing}
\label{GPLv3s11}
\section{GPLv3 \S 12: Familiar as GPLv2 \S 7} \section{GPLv3 \S 12: Familiar as GPLv2 \S 7}
\section{GPLv3 \S 13: The Great Affero Compromise} \section{GPLv3 \S 13: The Great Affero Compromise}