* Wrote most of GPL Section 0 Section
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		|  | @ -5,6 +5,8 @@ | ||||||
| 	(subsection{The Non-Commercial Ecosystem}): Wrote subsection. | 	(subsection{The Non-Commercial Ecosystem}): Wrote subsection. | ||||||
| 	(subsection{The Commercial Ecosystem}): Wrote subsection. | 	(subsection{The Commercial Ecosystem}): Wrote subsection. | ||||||
| 	(subsection{Law Analogy}): Wrote subsection. | 	(subsection{Law Analogy}): Wrote subsection. | ||||||
|  | 	(chapter{Copying, Modifying and Redistributing}): Started chapter. | ||||||
|  | 	(section{GPL, \S 0: Freedom to Run}): Wrote most of the section. | ||||||
| 
 | 
 | ||||||
| 2003-05-27  Bradley M. Kuhn  <bkuhn@fsf.org> | 2003-05-27  Bradley M. Kuhn  <bkuhn@fsf.org> | ||||||
| 
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|  |  | ||||||
										
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							|  | @ -556,8 +556,10 @@ Like jazz, or novels, or architecture, the law gets built upon the work | ||||||
| that went before. This adding and changing is what creativity always is. | that went before. This adding and changing is what creativity always is. | ||||||
| And a free society is one that assures that its most important resources | And a free society is one that assures that its most important resources | ||||||
| remain free in just this sense.\footnote{This quotation is Copyright | remain free in just this sense.\footnote{This quotation is Copyright | ||||||
|   \copyright{} 2002, Lawrence Lessig.  Verbatim copying of this quotation |   \copyright{} 2002, Lawrence Lessig.  It is licensed under the terms of | ||||||
|   in its entirety is permitted provided this notice is preserved.} |   \href{http://creativecommons.org/licenses/by/1.0/}{the ``Attribution | ||||||
|  |     License'', version 1.0} or any later version as published by Creative | ||||||
|  |   Commons.} | ||||||
| \end{quotation} | \end{quotation} | ||||||
| 
 | 
 | ||||||
| In essence, lawyers are paid to service the shared commons of legal | In essence, lawyers are paid to service the shared commons of legal | ||||||
|  | @ -574,12 +576,97 @@ economy. | ||||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||||
| \chapter{Copying, Modifying and Redistributing} | \chapter{Copying, Modifying and Redistributing} | ||||||
| 
 | 
 | ||||||
|  | This chapter begins the deep discussion of the details of the terms of | ||||||
|  | GPL\@.  In this chapter, we consider the core terms: GPL \S\S 0--3.  These | ||||||
|  | are the sections of the GPL that fundamentally define the legal details of | ||||||
|  | how software freedom is respected. | ||||||
|  | 
 | ||||||
|  | \section{GPL, \S 0: Freedom to Run} | ||||||
|  | 
 | ||||||
|  | \S 0, the opening section of GPL, sets forth that the work is governed by | ||||||
|  | copyright law.  It specifically points out that it is the ``copyright | ||||||
|  | holder'' who decides if a work is licensed under its terms, and explains | ||||||
|  | how the copyright holder might indicate this fact. | ||||||
|  | 
 | ||||||
|  | A bit more subtly, \S 0 makes an inference that copyright law is the only | ||||||
|  | system under which it is governed.  Specifically, it states: | ||||||
|  | \begin{quote} | ||||||
|  | Activities other than copying, distribution and modification are not | ||||||
|  | covered by this License; they are outside its scope. | ||||||
|  | \end{quote} | ||||||
|  | In essence, the license governs \emph{only} those activites and all other | ||||||
|  | activities are unrestricted, provided that no other agreements trump GPL | ||||||
|  | (which they cannot; see Sections~\ref{GPLs6} and~\ref{GPLs7}).  This is | ||||||
|  | very important, because the Free Software community heavily supports | ||||||
|  | users' rights to ``fair use'' and ``unregulated use'' of copyrighted | ||||||
|  | material.  GPL asserts through this clause that it supports users' rights | ||||||
|  | to fair and unregulated uses. | ||||||
|  | 
 | ||||||
|  | Fair use of copyrighted material is an established legal doctrine that | ||||||
|  | permits certain activities.  Discussion of the various types of fair use | ||||||
|  | activity are beyond the scope of this tutorial.  However, one important | ||||||
|  | example of fair use is the right to reverse engineering software. | ||||||
|  | 
 | ||||||
|  | Fair use is a doctrine established by the courts or by statute.  By | ||||||
|  | contrast, unregulated uses are those that are not covered by the statue | ||||||
|  | nor determined by a court to be covered, but are common and enjoyed by | ||||||
|  | many users.  An example of unregulated use is reading a program like a | ||||||
|  | novel for the purpose of learning how to be a better programmer. | ||||||
|  | 
 | ||||||
|  | \medskip | ||||||
|  | 
 | ||||||
|  | Thus, the GPL protects users fair and uregulated use rights precisely by | ||||||
|  | not attempting to cover them.  Furthermore, the GPL ensures the freedom | ||||||
|  | to run specifically by stating the following: | ||||||
|  | \begin{quote} | ||||||
|  | The act of running the Program is not restricted | ||||||
|  | \end{quote} | ||||||
|  | Thus, users are explicitly given the freedom to run by \S 0. | ||||||
|  | 
 | ||||||
|  | \medskip | ||||||
|  | 
 | ||||||
|  | The bulk of \S 0 not mentioned here gives definitions for other terms used | ||||||
|  | throughout.  The only one worth discussing in detail is ``work based on | ||||||
|  | the Program''.  The reason this definition is particular interesting is | ||||||
|  | that  | ||||||
|  | 
 | ||||||
|  | 
 | ||||||
|  | \section{GPL, \S 1} | ||||||
|  | 
 | ||||||
|  | \section{GPL, \S 2} | ||||||
|  | 
 | ||||||
|  | \section{GPL, \S 3} | ||||||
|  | 
 | ||||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||||
| \chapter{Defending Freedom On Many Fronts} | \chapter{Defending Freedom On Many Fronts} | ||||||
| 
 | 
 | ||||||
|  | \section{GPL, Section 4} | ||||||
|  | 
 | ||||||
|  | \section{GPL, Section 5} | ||||||
|  | \label{GPLs5} | ||||||
|  | 
 | ||||||
|  | \section{GPL, Section 6} | ||||||
|  | \label{GPLs6} | ||||||
|  | 
 | ||||||
|  | \section{GPL, Section 7} | ||||||
|  | \label{GPLs7} | ||||||
|  | 
 | ||||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||||
| \chapter{Odds, Ends, and Absolutely No Warranty} | \chapter{Odds, Ends, and Absolutely No Warranty} | ||||||
| 
 | 
 | ||||||
|  | There was a case where the disclaimer of a contract was negated because it | ||||||
|  | was not "conspicuous" to the person entering into the contract.  Therefore, | ||||||
|  | to make such language "conspicuous" people started bolding it.  My question | ||||||
|  | has always been, does that mean all the other parts of the document aren't | ||||||
|  | important such that they too need to be "conspicuous." | ||||||
|  | 
 | ||||||
|  | As for disclaiming warranties, remember that there are many types of | ||||||
|  | warranties, and in some jurisdictions some of them cannot be disclaimed. | ||||||
|  | Therefore, usually agreements will have both a warranty disclaimer and a | ||||||
|  | limitation of liability.  The former gets rid of everything that can be | ||||||
|  | gotten rid of, while the latter limits the liability of the actor for any | ||||||
|  | warranties that cannot be disclaimed (such as personal injury, etc.). | ||||||
|  | 
 | ||||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||||
| \chapter{Business Models, Internal Use, and Compliance} | \chapter{Business Models, Internal Use, and Compliance} | ||||||
| 
 | 
 | ||||||
|  | @ -667,7 +754,7 @@ modification follow. | ||||||
| 
 | 
 | ||||||
| \addtocounter{enumi}{-1} | \addtocounter{enumi}{-1} | ||||||
| 
 | 
 | ||||||
| \item  | \item | ||||||
| 
 | 
 | ||||||
| This License applies to any program or other work which contains a notice | This License applies to any program or other work which contains a notice | ||||||
| placed by the copyright holder saying it may be distributed under the | placed by the copyright holder saying it may be distributed under the | ||||||
|  | @ -705,7 +792,7 @@ above, provided that you also meet all of these conditions: | ||||||
| 
 | 
 | ||||||
| \begin{enumerate} | \begin{enumerate} | ||||||
| 
 | 
 | ||||||
| \item  | \item | ||||||
| 
 | 
 | ||||||
| You must cause the modified files to carry prominent notices stating that | You must cause the modified files to carry prominent notices stating that | ||||||
| you changed the files and the date of any change. | you changed the files and the date of any change. | ||||||
|  |  | ||||||
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	 Bradley M. Kuhn
						Bradley M. Kuhn