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2003-05-26 Bradley M. Kuhn <bkuhn@fsf.org>
* gpl-business.tex (subsection{The Freedom to Copy and Share}):
Wrote subsection.
(subsection{The Freedom to Share Improvements}): Wrote subsection.
2003-05-25 Bradley M. Kuhn <bkuhn@fsf.org>
* gpl-business.tex (subsection{The Freedom to Change and Modify}):
Wrote subsection.
2003-05-24 Bradley M. Kuhn <bkuhn@fsf.org>
* gpl-business.tex (section{The Free Software Definition}):
Started section.
(subsection{The Freedom to Run}): Wrote subsection.
2003-05-23 Bradley M. Kuhn <bkuhn@fsf.org>
* gpl-business.tex (chapter{The GNU General Public License}):
Formatted GPL for LaTeX.
Added abstract from website into document.
(chapter{What Is Free Software?}): Began chapter.

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\usepackage[
pdftex=true,
latex2html=false,
pdftitle={Considerations on Porting Perl to the Java Virtual Machine},
pdftitle={The GNU General Public License for Businesspeople and Developers},
pdfauthor={Bradley M. Kuhn},
pdfsubject={Perl and the Java Virtual Machine},
pdfkeywords={Perl, Java, virtual, machine, computer, science, compilers, bytecode}
pdfsubject={GNU General Public License},
pdfkeywords={computer, science, free, software, freedom, licensing, licenses, GPL, GNU, general, public, license}
]{hyperref}
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GPL-Business/gpl-business.tex
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@ -16,7 +16,7 @@
%\setlength\parindent{0pt}
\pagestyle{empty}
%\pagestyle{empty}
\begin{document}
@ -107,26 +107,26 @@ learned the following:
\chapter{What Is Free Software?}
We begin our consideration of the GNU General Public License (herein,
abbreviated as ``GNU GPL'' or just ``GPL'') by first considering the
broader world of ``Free Software''. The GPL was not created from a void,
rather, it was created to embody and defend a set of principles that were
set forth at the founding of the GNU project and the Free Software
Foundation (FSF), the organization that upholds, defends and promotes the
philosophy of software freedom. To understand the point of the GPL and
its terms and conditions, we must first have a basic understanding of the
principles behind it. The GPL is unlike most software licenses in that it
is designed to defend and uphold these principles.
Consideration of the GNU General Public License (herein, abbreviated as
``GNU GPL'' or just ``GPL'') must begin by first considering the broader
world of ``Free Software''. The GPL was not created from a void, rather,
it was created to embody and defend a set of principles that were set
forth at the founding of the GNU project and the Free Software Foundation
(FSF)---the organization that upholds, defends and promotes the philosophy
of software freedom. A prerequisite for understanding the GPL and its
terms and conditions is a basic understanding of the principles behind it.
The GPL is unlike almost all other software licenses in that it is
designed to defend and uphold these principles.
\section{The Free Software Definition}
\href{http://www.fsf.org/philosophy/free-sw.html}{The Free Software
Definition} is defined in full on the Free Software Foundation website
at \verb0http://www.fsf.org/philosophy/free-sw.html0. Here, we give an
abbreviated version that will help us consider the terms of the GPL.
The Free Software Definition is set forth in full on FSF's website at
\href{http://www.fsf.org/philosophy/free-sw.html}{http://www.fsf.org/philosophy/free-sw.html}.
This section presents an abbreviated version that will focus on the parts
that are most pertinent to the terms of the GPL\@.
A particular program is Free Software if it grants you, a particular user
of that program, the following freedoms:
A particular program is Free Software if it grants a particular user of
that program, the following freedoms:
\begin{itemize}
@ -140,6 +140,45 @@ of that program, the following freedoms:
\end{itemize}
The focus on ``a particular user'' is very pertinent here. It is not
uncommon for the same version of a specific program to grant these
freedoms to some subset of its user base, while others have none or only
some of these freedoms. Section~\ref{relicensing} talks in detail about
how this can happen even if a program is released under the GPL\@.
Some people refer to software that gives these freedoms as ``Open
Source''. Besides having a different political focus than those who call
it Free Software\footnote{The political differences between the Free
Software Movement and the Open Source Movement are documented on FSF's
website at
\href{http://www.fsf.org/philosophy/free-software-for-freedom.html}
{http://www.gnu.org/philosophy/free-software-for-freedom.html}.},
those who call the software ``Open Source'' are focused on a side issue.
User access to the source code of a program is a prerequisite to make use
of the freedom to modify. However, the important issue is what freedoms
are granted in the license of that source code. Microsoft's ``Shared
Source'' program, for example, gives various types of access to source
code, but almost none of the freedoms described in this section.
One key issue that is central to these freedoms is that there are no
restrictions on how these freedoms can be excercised. Specifically, users
and programmers can exercise these freedoms non-commercially or
commercially. Licenses that grant these freedoms for non-commercial
activies but prohibit them for commercial activites are considered
non-Free.
In general, software for which most or all of these freedoms are
restricted in any way is called ``non-Free Software''. Typically, the
term ``proprietary software'' is used more or less interchangably with
``non-Free Software''. Personally, I tend to use the term ``non-Free
Software'' to refer to non-commercial software that restricts freedom
(such as ``shareware'') and ``propreitary software'' to refer to
commercial software that restricts freedom (such as nearly all of
Microsoft's and Oracle's offerings).
The remainder of this section considers each of the four freedoms in
detail.
\subsection{The Freedom to Run}
For a program to be Free Software, the freedom to run the program must be
@ -149,6 +188,105 @@ user has discovered an innovative new use for a particular program, one
that the programmer never could have predicted. Such a use much not be
restricted.
It was once rare that this freedom was restricted by even proprietary
software; today it is not so rare. Most End User Licensing Agreements
(EULAs) that cover most proprietary software restrict some types of use.
For example, some versions of Microsoft's Frontpage software prohbit use
of the software to create websites that generate negative publicity for
Microsoft. Free Software has no such restrictions; everyone is free to
use Free Software for any purpose whatsoever.
\subsection{The Freedom to Change and Modify}
Free Software programs allow users to change, modify and adapt the
software to suit their needs. Access to the source code and related build
scripts are an essential part of this freedom. Without the source code
and the ability to build the binary applications from that source, the
freedom cannot be properly exercised.
Programmers can take direct benefit from this freedom, and often do.
However, this freedom is essential to users who are not programmers.
Users must have the right to engage in a non-commercial enviornment of
finding help with the software (as often happens on email lists and in
users groups). This means they must have the freedom to recruit
programmers who might altrusitcally assist them to modify their software.
The commercial exercise of this freedom is also essential. Each user, or
group of users, must have the right to hire anyone they wish on a
competitive free market to modify and change the software. This means
that companies have a right to hire anyone they wish to modify their Free
Software. Additionally, such companies may contract with other companies
to commission software modification.
\subsection{The Freedom to Copy and Share}
Users may share Free Software in a variety of ways. Free Software
advocates work to eliminate fundamental ethical delimema of the software
age: choosing between obeying a software license, and friendship (by
giving away a copy of a program your friend who likes the software you are
using). Free Software licenses, therefore, must permit this sort of
altruistic sharing of software amoung friends.
The commercial enviornment must also have the benefits of this freedom.
Commercial sharing typically takes the form of selling copies of Free
Software. Free Software can be sold at any price to anyone. Those who
redistribute Free Software commercially have the freedom to selectively
distribute (you can pick your customers) and to set prices at any level
the redistributor sees fit.
It is true that many people get copies of Free Software very cheaply (and
sometimes without charge). The competitive free market of Free Software
tends to keep prices low and reasonable. However, if someone is willing
to pay a billion dollars for one copy of the GNU Compiler Collection, such
a sale is completely permited.
Another common instance of commercial sharing is service-oriented
distribution. For example, a distribution vendor may provide immediate
security and upgrade distribution via a special network service. Such
distribution is completely permitted for Free Software.
\subsection{The Freedom to Share Improvements}
The freedom to modify and improve is somewhat empty without the freedom to
share those improvements. The Free Software community is built on the
pillar of altruistic sharing of improved Free Software. Inevitably, a
Free Software project sprouts a mailing list where improvements are shared
freely among members of the development community. Such non-commercial
sharing must be permitted for Free Software to thrive.
Commercial sharing of modified Free Software is equally important. For a
competitive free market for support to exist, all developers --- from
single-person contractors to large software companies --- must have the
freedom to market their services as improvers of Free Software. All forms
of such service marketing must be equally available to all.
For example, selling support services for Free Software is fully
permitted. Companies and individuals can offer thesmelves as ``the place
to call'' when software fails or does not function properly. For such a
service to be meaningful, the entity offering that service must have the
right to modify and improve the software for the customer to correct any
problems that are beyond mere user error.
Entities must also be permitted to make available modified versions of
Free Software. Most Free Software programs have a so-called ``canonoical
version'' that is made available from the primary developers of the
software. Hoewver, all who have the software have the ``freedom to fork''
--- that is, make available non-trivial modified versions of the software
on a permenant or semi-permenant basis. Such freedom is central to
vibrant developer and user interaction.
Companies and individuals have the right to make true value-added versions
of Free Software. They may use freedom to share improvements to
distribute distinct versions of Free Software with different functionality
and features. Furthermore, this freedom can be exercised to serve a
disenfranchised subset of the user community. If the developers of the
canonical version refuse to serve the needs of some of the software's
users, other entities have the right to create long- or short-lived fork
that serves that sub-community.
\section{How Does Software Become Free?}
\appendix
\chapter{The GNU General Public License}
@ -223,7 +361,7 @@ The precise terms and conditions for copying, distribution and
modification follow.
\begin{center}
{\large \sc Terms and Conditions For Copying, Distribution and
{\Large \sc Terms and Conditions For Copying, Distribution and
Modification}
\end{center}
@ -468,34 +606,37 @@ No Warranty
\end{center}
\item
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM ``AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
{\sc Because the program is licensed free of charge, there is no warranty
for the program, to the extent permitted by applicable law. Except when
otherwise stated in writing the copyright holders and/or other parties
provide the program ``as is'' without warranty of any kind, either expressed
or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. The entire risk as
to the quality and performance of the program is with you. Should the
program prove defective, you assume the cost of all necessary servicing,
repair or correction.}
\item
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
{\sc In no event unless required by applicable law or agreed to in writing
will any copyright holder, or any other party who may modify and/or
redistribute the program as permitted above, be liable to you for damages,
including any general, special, incidental or consequential damages arising
out of the use or inability to use the program (including but not limited
to loss of data or data being rendered inaccurate or losses sustained by
you or third parties or a failure of the program to operate with any other
programs), even if such holder or other party has been advised of the
possibility of such damages.}
\end{enumerate}
\begin{center}
{\large\sc End of Terms and Conditions}
{\Large\sc End of Terms and Conditions}
\end{center}
\pagebreak[2]
\section*{Appendix: How to Apply These Terms to Your New Programs}
If you develop a new program, and you want it to be of the greatest