the gpl
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -3263,7 +3263,7 @@ copyright permissions the contributor granted to the licensee.
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GPLv3~\S9 means what it says: mere receipt or execution of code neither
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GPLv3~\S9 means what it says: mere receipt or execution of code neither
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requires nor signifies contractual acceptance under the GPL. Speaking more
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requires nor signifies contractual acceptance under the GPL. Speaking more
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broadly, GPLv3 is intentionally structured our license as a unilateral grant
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broadly, GPLv3 is intentionally structured as a unilateral grant
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of copyright permissions, the basic operation of which exists outside of any
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of copyright permissions, the basic operation of which exists outside of any
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law of contract. Whether and when a contractual relationship is formed
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law of contract. Whether and when a contractual relationship is formed
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between licensor and licensee under local law do not necessarily matter to
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between licensor and licensee under local law do not necessarily matter to
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@ -3365,7 +3365,7 @@ preventing that act cannot be unfair).
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However, the second argument seems valid in a practical sense. A
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However, the second argument seems valid in a practical sense. A
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typical GNU/Linux distribution includes thousands of programs. It would
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typical GNU/Linux distribution includes thousands of programs. It would
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be quite difficult for a redistributor with a large patent portfolio to
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be quite difficult for a re-distributor with a large patent portfolio to
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review all those programs against that portfolio every time it receives
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review all those programs against that portfolio every time it receives
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and passes on a new version of the distribution. Moreover, this question
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and passes on a new version of the distribution. Moreover, this question
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raises a strategic issue. If the GPLv3 patent license requirements
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raises a strategic issue. If the GPLv3 patent license requirements
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@ -3457,7 +3457,7 @@ patent claims.
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\subsection{Conveyors' Patent Licensing}
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\subsection{Conveyors' Patent Licensing}
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The remaining patent licensing in GPLv3 deals with patent licenses that are
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The remaining patent licensing in GPLv3 deals with patent licenses that are
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granted by conveyance. The licensing is not as complete or far reaching at
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granted by conveyance. The licensing is not as complete or far reaching as
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the contributor patent licenses discussed in the preceding section.
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the contributor patent licenses discussed in the preceding section.
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The term ``patent license,'' as used in GPLv3~\S11\P4--6, is not meant to be
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The term ``patent license,'' as used in GPLv3~\S11\P4--6, is not meant to be
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@ -3494,11 +3494,11 @@ CCS to be publicly available. (In such a case, if the distributor is also a
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contributor, it will already have granted a patent sublicense anyway, and so
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contributor, it will already have granted a patent sublicense anyway, and so
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it need not do anything further to comply with the third paragraph.)
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it need not do anything further to comply with the third paragraph.)
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Admittedly, public disclosure of CCS is not necessarily required in by other
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Admittedly, public disclosure of CCS is not necessarily required by other
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sections of the GPL, and the FSF in drafting GPLv3 did not necessarily wish
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sections of the GPL, and the FSF in drafting GPLv3 did not necessarily wish
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to impose a general requirement to make source code available to all, which
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to impose a general requirement to make source code available to all, which
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has never been a GPL condition. However, many vendors who produce products
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has never been a GPL condition. However, many vendors who produce products
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that include copylefted software, and who most likely to be affected by the
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that include copylefted software, and who are most likely to be affected by the
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downstream shielding provision, lobbied for the addition of the source code
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downstream shielding provision, lobbied for the addition of the source code
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availability option, so it remains.
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availability option, so it remains.
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@ -3737,7 +3737,7 @@ Terms to Your New Programs'' to just the bare essentials.
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As we have seen in our consideration of the GPL, its text is specifically
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As we have seen in our consideration of the GPL, its text is specifically
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designed to cover all possible derivative works under copyright law. Our
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designed to cover all possible derivative works under copyright law. Our
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goal in designing GPL was to make sure that any derivative work of GPL'd
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goal in designing the GPL was to make sure that any derivative work of GPL'd
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software was itself released under GPL when distributed. Reaching as far
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software was itself released under GPL when distributed. Reaching as far
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as copyright law will allow is the most direct way to reach that goal.
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as copyright law will allow is the most direct way to reach that goal.
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