Termination section rewrite.

gpl-lgpl.tex

@@ -3233,79 +3233,35 @@ pathological case\footnote{Theoretically, a user could collect copyright
 
 \section{GPLv3~\S8: A Lighter Termination}
 
-% FIXME:  probably mostly still right, needs some updates, though.
-
 GPLv2 provided for automatic termination of the rights of a person who
 copied, modified, sublicensed, or distributed a work in violation of the
 license.  Automatic termination can be too harsh for those who have committed
 an inadvertent violation, particularly in cases involving distribution of
 large collections of software having numerous copyright holders.  A violator
-who resumes compliance with GPLv2 would need to obtain forgiveness from all
+who resumes compliance with GPLv2 technically needs to obtain forgiveness
-copyright holders, but even to contact them all might be impossible.
+from all copyright holders, and even contacting them all might be impossible.
 
-% FIXME: needs to be updated to describe more complex termination
+GPLv3~\S8 replaces now grants opportunities for provisional and permanent
-
+reinstatement of rights. The termination procedure provides a limited
-Section 8 of GPLv3 replaces automatic termination with a non-automatic
+opportunity to cure license violations.  If a licensee has committed a
-termination process.  Any copyright holder for the licensed work may opt to
-terminate the rights of a violator of the license, provided that the
-copyright holder has first given notice of the violation within 60 days of
-its most recent occurrence. A violator who has been given notice may make
-efforts to enter into compliance and may request that the copyright holder
-agree not exercise the right of termination; the copyright holder may choose
-to grant or refuse this request.
-
-% FIXME: needs to be updated to describe more complex termination
-
-If a licensee who is in violation of GPLv3 acts to correct the violation and
-enter into compliance, and the licensee receives no notice of the past
-violation within 60 days, then the licensee need not worry about termination
-of rights under the license.
-
-In Draft 3 the termination provision of section 8 has been revised to
-indicate that, if a licensee violates the GPL, a contributor may terminate
-any patent licenses that it granted under the first paragraph of section 11
-to that licensee, in addition to any copyright permissions the contributor
-granted to the licensee.  Therefore, a contributor may terminate the patent
-licenses it granted to a downstream licensee who brings patent infringement
-litigation in violation of section 10.
-
-We have made two substantive changes to section 8.  First, we have clarified
-that patent rights granted under the GPL are among the rights that a
-copyright holder may terminate under section 8.  Therefore, a contributor who
-grants a patent license under the first paragraph of section 11 may terminate
-that patent license, just as that contributor may terminate copyright rights,
-to a downstream recipient who has violated the license.  We think that this
-is a reasonable result, and was already implicit in the wording of the
-termination provision in our earlier drafts.  Moreover, this clarification
-should encourage patent holders to make contributions to GPL-covered
-programs.
-
-Second, we have modified the termination procedure by providing a limited
-opportunity to cure license violations, an improvement that was requested by
-many different members of our community.  If a licensee has committed a
 first-time violation of the GPL with respect to a given copyright holder, but
 the licensee cures the violation within 30 days following receipt of notice
 of the violation, then any of the licensee's GPL rights that have been
-terminated by the copyright holder are ``automatically reinstated.''  The
+terminated by the copyright holder are ``automatically reinstated''.
-addition of the cure opportunity achieves a better balance than our earlier
+
-section 8 drafts between facilitating enforcement of the license and
+
-protecting inadvertent violators against unfair results.
+Finally, if a licensee violates the GPL, a contributor may terminate any
+patent licenses that it granted under GPLv3~\S11, in addition to any
+copyright permissions the contributor granted to the licensee.
+
+% FIXME-LATER: write more here, perhaps linking up to enforcement
 
-We have restructured the form of section 8 by replacing non-automatic
-termination with automatic termination coupled with opportunities for
-provisional and permanent reinstatement of rights.  The revised wording does
-not alter the underlying policy or details of procedure established in the
-previous drafts, including the 60-day period of repose and 30-day cure
-opportunity for first-time violators.  The restoration of automatic
-termination was motivated in part to facilitate enforcement in European
-countries.  We also believe the revised wording will be easier to understand
-and apply in all jurisdictions.
 
 \section{GPLv3~\S9: Acceptance}
 
 % FIXME: needs some work here
 
-Section 9 means what it says: mere receipt or execution of code neither
+GPLv3~\S9 means what it says: mere receipt or execution of code neither
 requires nor signifies contractual acceptance under the GPL.  Speaking more
 broadly, we have intentionally structured our license as a unilateral grant
 of copyright permissions, the basic operation of which exists outside of any