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Termination section rewrite.

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Bradley M. Kuhn 2014-03-20 18:50:48 -04:00
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gpl-lgpl.tex
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@ -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
copyright holders, but even to contact them all might be impossible.
who resumes compliance with GPLv2 technically needs to obtain forgiveness
from all copyright holders, and even contacting them all might be impossible.
% FIXME: needs to be updated to describe more complex termination
Section 8 of GPLv3 replaces automatic termination with a non-automatic
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
GPLv3~\S8 replaces now grants opportunities for provisional and permanent
reinstatement of rights. The termination procedure provides a limited
opportunity to cure license violations. 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
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.
terminated by the copyright holder are ``automatically reinstated''.
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