diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 7c01cb2..30a90d0 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -1627,6 +1627,38 @@ software alongside proprietary software or other unrelated Free Software, as long as the terms of GPL are adhered to for those packages that are truly GPL'd. +\subsection{Right to Private Modification} +\label{gplv2-private-modification} + +The issue of private modifications of GPLv2'd works deserves special +attention. While these rights are clearly explicit in GPLv3~\S2\P2 (see +\~S\ref{GPLv3S2} of this tutorial for details), the permission to create +private modifications is mostly implicit in GPLv2. Most notably, the +requirements of GPLv2~\S2 (and GPLv2~\S3, which will be discussed next) are +centered around two different copyright controls: both modification +\emph{and} distribution. As such, GPLv2~\S2's requirements need only be met +when a modified version is distributed; one need not follow them for modified +versions that are not distributed\footnote{As a matter of best practice, it's + useful to assume that all software may eventually be distributed later, + even if there no plans for distribution at this time. Too often, GPL + violations occur because of a late distribution decision of software that + was otherwise never intended for distribution.}. + +However, the careful reader of GPLv2 will notice that, unlike GPLv3, no other +clauses of the license actually give explicit permission to make private +modifications. Since modification of software is a control governed by +copyright, a modifier needs permission from the copyright holder to engage in +that activity. + +In practice, however, traditional GPLv2 interpretation has always assumed +that blanket permission to create non-distributed modified versions was +available, and the +\href{http://www.gnu.org/licenses/gpl-faq.html#GPLRequireSourcePostedPublic}{FSF + has long opined that distribution of modified versions is never mandatory}. +This issue is one of many where GPLv3 clarifies in explicit text the implicit +policy and intent that was solidified via long-standing interpretation of +GPLv2. + \section{GPLv2~\S3: Producing Binaries} \label{GPLv2s3} @@ -2559,8 +2591,9 @@ permitted without limitation and activities that trigger additional requirements. Specifically, GPLv3~\S2\P2 guarantees the basic freedoms of privately modifying and running the program. While these basic freedoms were generally considered a standard part of users' rights under GPLv2 as well, -the GPLv3 states them herein more explicitly. (In other words, there is no -direct analog to the first sentence of GPLv3~\S2\P2 in GPLv2.) +the GPLv3 states them herein more explicitly. In other words, there is no +direct analog to the first sentence of GPLv3~\S2\P2 in GPLv2 +(See \S~\ref{gplv2-private-modification} of this tutorial for more on this issue.) Also, GPLv3~\S2\P2 gives an explicit permission for a client to provide a copy of its modified software to a contractor exclusively for that contractor