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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -3269,18 +3269,23 @@ the working of the license.
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\section{GPLv3~\S10: Explicit Downstream License}
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% FIXME-LATER: this is a punt: need more time to write!
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GPLv3~\S10 ensures that everyone downstream receives licenses from all
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copyright holders. It really is a generally straightforward section.
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% FIXME-LATER: link up this paragraph to above sections.
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GPLv3 removed the words ``at no charge'' from GPLv2~\S2(b) (in GPLv3,~\S5(b))
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because it contributed to a misconception that the GPL did not permit
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charging for distribution of copies. The purpose of the ``at no charge''
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wording was to prevent attempts to collect royalties from third parties. The
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removal of these words created the danger that the imposition of licensing
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fees would no longer be seen as a license violation. Therefore, GPLv3~\S10
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adds a new explicit prohibition on imposition of licensing fees or royalties.
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This section is an appropriate place for such a clause, since it is a
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specific consequence of the general requirement that no further restrictions
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be imposed on downstream recipients of GPL-covered code.
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Note, however, GPLv3 removed the words ``at no charge'' from GPLv2~\S2(b) (in
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GPLv3,~\S5(b)) because it contributed to a misconception that the GPL did not
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permit charging for distribution of copies. The purpose of the ``at no
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charge'' wording was to prevent attempts to collect royalties from third
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parties. The removal of these words created the danger that the imposition
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of licensing fees would no longer be seen as a license violation. Therefore,
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GPLv3~\S10 adds a new explicit prohibition on imposition of licensing fees or
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royalties. This section is an appropriate place for such a clause, since it
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is a specific consequence of the general requirement that no further
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restrictions be imposed on downstream recipients of GPL-covered code.
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Careful readers of the GPL have suggested that its explicit prohibition
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against imposition of further restrictions\footnote{GPLv2, section 6; Draft
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