This material was accidentally pasted down with GPLv3§7 stuff,
but it's for GPLv3§6.
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1 changed files with 49 additions and 50 deletions
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -2864,7 +2864,55 @@ give CCS to someone who has not purchased an object code download under
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GPLv3~\S6(d). (Note: this does not change nor impact any obligations under
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GPLv3~\S6(d). (Note: this does not change nor impact any obligations under
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GPLv3~\S6(b)(2); GPLv3~\S6(d) is a wholly different provision.)
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GPLv3~\S6(b)(2); GPLv3~\S6(d) is a wholly different provision.)
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%FIXME: 6e, peer-to-peer
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\subsection{GPLv3~\S6(e): Peer-to-Peer Sharing Networks}
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Certain decentralized forms of peer-to-peer file sharing present a challenge
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to the unidirectional view of distribution that is implicit in GPLv2 and
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Draft 1 of GPLv3. It is neither straightforward nor reasonable to identify
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an upstream/downstream link in BitTorrent distribution; such distribution is
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multidirectional, cooperative and anonymous. In systems like BitTorrent,
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participants act both as transmitters and recipients of blocks of a
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particular file, but they see themselves as users and receivers, and not as
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distributors in any conventional sense. At any given moment of time, most
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peers will not have the complete file.
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% FIXME: rewrite a bit.
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The GPL permits distribution of a work in object code form over a network,
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provided that the distributor offers equivalent access to copy the
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Corresponding Source Code ``in the same way through the same place.'' This
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wording might be interpreted to permit BitTorrent distribution of binaries if
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they are packaged together with the source code, but this impractical, for at
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least two reasons. First, even if the source code is packaged with the
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binary, it will only be available to a non-seeding peer at the end of the
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distribution process, but the peer will already have been providing parts of
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the binary to others in the network, functioning rather like a router or a
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cache proxy. Second, in practice BitTorrent and similar peer-to-peer forms
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of transmission have been less suitable means for distributing source code.
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In large distributions, packaging source code with the binary may result in a
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substantial increase in file size and transmission time. Source code
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packages themselves tend not to be transmitted through BitTorrent owing to
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reduced demand. There generally will be too few participants downloading the
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same source package at the same time to enable effective seeding and
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distribution.
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% FIXME: rewrite a bit.
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We have made two changes that recognize and facilitate distribution of
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covered works in object code form using BitTorrent or similar peer-to-peer
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methods. First, under new subsection 6e, if a licensee conveys such a work
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using peer-to-peer transmission, that licensee is in compliance with section
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6 so long as the licensee knows, and informs other peers where, the object
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code and its Corresponding Source are publicly available at no charge under
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subsection 6d. The Corresponding Source therefore need not be provided
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through the peer-to-peer system that was used for providing the binary.
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Second, we have revised section 9 to make clear that ancillary propagation of
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a covered work that occurs as part of the process of peer-to-peer file
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transmission does not require acceptance, just as mere receipt and execution
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of the Program does not require acceptance. Such ancillary propagation is
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permitted without limitation or further obligation.
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% FIXME: where does this go?
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Informing the peers is clearly enough; what seemed to be an additional
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Informing the peers is clearly enough; what seemed to be an additional
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knowledge requirement was superfluous wording.
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knowledge requirement was superfluous wording.
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@ -3371,55 +3419,6 @@ use.
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% FIXME: 7d-f
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% FIXME: 7d-f
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\section{GPLv3~\S7(e): Peer-to-Peer Sharing Networks}
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% FIXME: rewrite a bit, maybe drop reference to bitorrent?
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Certain decentralized forms of peer-to-peer file sharing present a challenge
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to the unidirectional view of distribution that is implicit in GPLv2 and
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Draft 1 of GPLv3. It is neither straightforward nor reasonable to identify
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an upstream/downstream link in BitTorrent distribution; such distribution is
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multidirectional, cooperative and anonymous. In systems like BitTorrent,
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participants act both as transmitters and recipients of blocks of a
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particular file, but they see themselves as users and receivers, and not as
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distributors in any conventional sense. At any given moment of time, most
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peers will not have the complete file.
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% FIXME: rewrite a bit.
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The GPL permits distribution of a work in object code form over a network,
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provided that the distributor offers equivalent access to copy the
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Corresponding Source Code ``in the same way through the same place.'' This
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wording might be interpreted to permit BitTorrent distribution of binaries if
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they are packaged together with the source code, but this impractical, for at
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least two reasons. First, even if the source code is packaged with the
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binary, it will only be available to a non-seeding peer at the end of the
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distribution process, but the peer will already have been providing parts of
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the binary to others in the network, functioning rather like a router or a
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cache proxy. Second, in practice BitTorrent and similar peer-to-peer forms
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of transmission have been less suitable means for distributing source code.
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In large distributions, packaging source code with the binary may result in a
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substantial increase in file size and transmission time. Source code
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packages themselves tend not to be transmitted through BitTorrent owing to
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reduced demand. There generally will be too few participants downloading the
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same source package at the same time to enable effective seeding and
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distribution.
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% FIXME: rewrite a bit.
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We have made two changes that recognize and facilitate distribution of
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covered works in object code form using BitTorrent or similar peer-to-peer
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methods. First, under new subsection 6e, if a licensee conveys such a work
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using peer-to-peer transmission, that licensee is in compliance with section
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6 so long as the licensee knows, and informs other peers where, the object
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code and its Corresponding Source are publicly available at no charge under
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subsection 6d. The Corresponding Source therefore need not be provided
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through the peer-to-peer system that was used for providing the binary.
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Second, we have revised section 9 to make clear that ancillary propagation of
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a covered work that occurs as part of the process of peer-to-peer file
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transmission does not require acceptance, just as mere receipt and execution
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of the Program does not require acceptance. Such ancillary propagation is
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permitted without limitation or further obligation.
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% FIXME: removing additional restrictions
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% FIXME: removing additional restrictions
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