Various changes to make all that Magnuson-Moss verbiage useful to the tutorial.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -2957,10 +2957,10 @@ limited to User Products, this provision addresses the fundamental problem.
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% FIXME-LATER: link \href to USC 2301
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% FIXME-LATER: link \href to USC 2301
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The core of the User Product definition is a subdefinition of ``consumer
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The core of the User Product definition is a subdefinition of ``consumer
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product'' taken verbatim from the Magnuson-Moss Warranty Act, a federal
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product'' adapted from the Magnuson-Moss Warranty Act, a federal
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consumer protection law in the USA found in 15~USC~\S2301: ``any tangible
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consumer protection law in the USA found in 15~USC~\S2301: ``any tangible
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personal property which is normally used for personal, family, or household
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personal property which is normally used for personal, family, or household
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purposes.'' The United States has had three decades of experience of liberal
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purposes.'' The USA has had three decades of experience of liberal
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judicial and administrative interpretation of this definition in a manner
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judicial and administrative interpretation of this definition in a manner
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favorable to consumer rights.\footnote{The Magnuson-Moss consumer product
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favorable to consumer rights.\footnote{The Magnuson-Moss consumer product
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definition itself has been influential in the USA and Canada, having been
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definition itself has been influential in the USA and Canada, having been
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@ -2995,62 +2995,38 @@ such computers were designed and advertised for a variety of users,
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including small businesses and schools, and had only recently been
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including small businesses and schools, and had only recently been
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promoted for use in the home.}.
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promoted for use in the home.}.
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We do not rely solely on the definition of consumer product, however,
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However, Magnuson-Moss is not a perfect fit because in the area of components
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because in the area of components of dwellings we consider the settled
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of dwellings, the settled interpretation under Magnuson-Moss underinclusive.
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interpretation under Magnuson-Moss underinclusive. Depending on how
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Depending on how such components are manufactured or sold, they may or may
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such components are manufactured or sold, they may or may not be
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not be considered Magnuson-Moss consumer products.\footnote{Building
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considered Magnuson-Moss consumer products.\footnote{Building materials
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materials that are purchased directly by a consumer from a retailer, for
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that are purchased directly by a consumer from a retailer, for improving
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improving or modifying an existing dwelling, are consumer products under
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or modifying an existing dwelling, are consumer products under
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Magnuson-Moss, but building materials that are integral component parts of
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Magnuson-Moss, but building materials that are integral component parts
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the structure of a dwelling at the time that the consumer buys the dwelling
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of the structure of a dwelling at the time that the consumer buys the
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are not consumer products. 16 C.F.R.~\S\S~700.1(c)--(f); Federal Trade
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dwelling are not consumer products. 16 C.F.R.~\S\S~700.1(c)--(f);
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Commission, Final Action Concerning Review of Interpretations of
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Federal Trade Commission, Final Action Concerning Review of
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Magnuson-Moss Warranty Act, 64 Fed.~Reg.~19,700 (April 22, 1999); see also,
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Interpretations of Magnuson-Moss Warranty Act, 64 Fed.~Reg.~19,700
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e.g., \textit{McFadden}, 54 U.C.C.~Rep.~Serv.2d at 934.} Therefore, GPLv3
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(April 22, 1999); see also, e.g., \textit{McFadden}, 54
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defines User Products as a superset of consumer products that also includes
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U.C.C.~Rep.~Serv.2d at 934.} Therefore, we define User Products as a
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``anything designed or sold for incorporation into a dwelling.''
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superset of consumer products that also includes ``anything designed or
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sold for incorporation into a dwelling.''
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Although the User Products rule of Draft 3 reflects a special concern
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Thus, the three sentences in the center of GPLv3's User Product definition
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for individual purchasers of devices, we wrote the rule to cover a
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encapsulate the judicial and administrative principles established over the
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category of products, rather than categorizing users. Discrimination
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past three decades in the USA concerning the Magnuson-Moss consumer product
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against organizational users has no place in a free software license.
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definition. First, it states that doubtful cases are resolved in favor of
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Moreover, a rule that applied to individual use, rather than to use of
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coverage under the definition. Second, it indicate that the words ``normally
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products normally used by individuals, would have too narrow an
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used'' in the consumer product definition refer to a typical or common use of
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effect. Because of its incorporation of the liberal Magnuson-Moss
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a class of product, and not the status of a particular user or expected or
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interpretation of ``consumer product,'' the User Products rule benefits
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actual uses by a particular user. Third, it clearly states that the
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not only individual purchasers of User Products but also all
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existence of substantial non-consumer uses of a product does not negate a
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organizational purchasers of those same kinds of products, regardless of
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determination that it is a consumer product, unless such non-consumer uses
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their intended use of the products.
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represent the only significant mode of use of that product.
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we have replaced the Magnuson-Moss
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It should be clear from these added sentences that it is the general mode of
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reference with three sentences that encapsulate the judicial and
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use of a product that determines objectively whether or not it is a consumer
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administrative principles established over the past three decades in the
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product. One could not escape the effects of the User Products provisions by
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United States concerning the Magnuson-Moss consumer product definition.
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labeling what is demonstrably a consumer product in ways that suggest it is
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First, we state that doubtful cases are resolved in favor of coverage
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``for professionals'', for example.
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under the definition. Second, we indicate that the words ``normally
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used'' in the consumer product definition refer to a typical or common
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use of a class of product, and not the status of a particular user or
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expected or actual uses by a particular user. Third, we make clear that
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the existence of substantial non-consumer uses of a product does not
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negate a determination that it is a consumer product, unless such
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non-consumer uses represent the only significant mode of use of that
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product.
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It should be clear from these added sentences that it is the general
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mode of use of a product that determines objectively whether or not it
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is a consumer product. One could not escape the effects of the User
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Products provisions by labeling what is demonstrably a consumer product
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in ways that suggest it is ``for professionals,'' for example, contrary
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to what some critics of Draft 3 have suggested.
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We have made one additional change to the User Products provisions of
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section 6. In Draft 3 we made clear that the requirement to provide
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Installation Information implies no requirement to provide warranty or
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support for a work that has been modified or installed on a User
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Product. The Final Draft adds that there is similarly no requirement to
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provide warranty or support for the User Product itself.
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% FIXME: this needs integration
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% FIXME: this needs integration
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@ -3125,6 +3101,13 @@ for development of reasonable enforcement policies that respect recipients'
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right to modify while recognizing the legitimate interests of network
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right to modify while recognizing the legitimate interests of network
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providers.
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providers.
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We have made one additional change to the User Products provisions of section
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6. In Draft 3 we made clear that the requirement to provide Installation
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Information implies no requirement to provide warranty or support for a work
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that has been modified or installed on a User Product. The Final Draft adds
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that there is similarly no requirement to provide warranty or support for the
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User Product itself.
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% FIXME: This needs merged in somewhere in here
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% FIXME: This needs merged in somewhere in here
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The mere fact that use of the work implies that the user \textit{has} the key
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The mere fact that use of the work implies that the user \textit{has} the key
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