* Made changes based on feedback from novalis
(section{GPL \S 8: Excluding Unfreedonia}): Wrote section. Made changes based on novalis' feedback.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -219,14 +219,15 @@ and the ability to build the binary applications from that source, the
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freedom cannot be properly exercised.
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freedom cannot be properly exercised.
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Programmers can take direct benefit from this freedom, and often do.
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Programmers can take direct benefit from this freedom, and often do.
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However, this freedom is essential to users who are not programmers.
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However, this freedom is also important to users who are not programmers.
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Users must have the right to engage in a non-commercial environment of
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Users must have the right to exercise this freedom indirectly in both
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finding help with the software (as often happens on email lists and in
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commercial and non-commercial settings. For example, users often seek
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users groups). This means they must have the freedom to recruit
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non-commercial help with the software on email lists and in users groups.
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When they find such help, they must have the freedom to recruit
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programmers who might altruistically assist them to modify their software.
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programmers who might altruistically assist them to modify their software.
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The commercial exercise of this freedom is also essential. Each user, or
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The commercial exercise of this freedom is also essential for users. Each
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group of users, must have the right to hire anyone they wish in a
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user, or group of users, must have the right to hire anyone they wish in a
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competitive free market to modify and change the software. This means
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competitive free market to modify and change the software. This means
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that companies have a right to hire anyone they wish to modify their Free
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that companies have a right to hire anyone they wish to modify their Free
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Software. Additionally, such companies may contract with other companies
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Software. Additionally, such companies may contract with other companies
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@ -259,6 +260,10 @@ distribution. For example, a distribution vendor may provide immediate
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security and upgrade distribution via a special network service. Such
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security and upgrade distribution via a special network service. Such
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distribution is completely permitted for Free Software.
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distribution is completely permitted for Free Software.
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(Section~\ref{Business Models} of this tutorial talks in detail about
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various Free Software business models that take advantage of the freedom
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to share commercially.)
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\subsection{The Freedom to Share Improvements}
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\subsection{The Freedom to Share Improvements}
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The freedom to modify and improve is somewhat empty without the freedom to
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The freedom to modify and improve is somewhat empty without the freedom to
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@ -282,19 +287,19 @@ right to modify and improve the software for the customer to correct any
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problems that are beyond mere user error.
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problems that are beyond mere user error.
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Entities must also be permitted to make available modified versions of
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Entities must also be permitted to make available modified versions of
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Free Software. Most Free Software programs have a so-called ``canonical
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Free Software. Most Free Software programs have a ``standard version''
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version'' that is made available from the primary developers of the
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that is made available from the primary developers of the software.
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software. However, all who have the software have the ``freedom to fork''
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However, all who have the software have the ``freedom to fork'' --- that
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--- that is, make available non-trivial modified versions of the software
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is, make available non-trivial modified versions of the software on a
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on a permanent or semi-permanent basis. Such freedom is central to
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permanent or semi-permanent basis. Such freedom is central to vibrant
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vibrant developer and user interaction.
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developer and user interaction.
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Companies and individuals have the right to make true value-added versions
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Companies and individuals have the right to make true value-added versions
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of Free Software. They may use freedom to share improvements to
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of Free Software. They may use freedom to share improvements to
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distribute distinct versions of Free Software with different functionality
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distribute distinct versions of Free Software with different functionality
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and features. Furthermore, this freedom can be exercised to serve a
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and features. Furthermore, this freedom can be exercised to serve a
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disenfranchised subset of the user community. If the developers of the
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disenfranchised subset of the user community. If the developers of the
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canonical version refuse to serve the needs of some of the software's
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standard version refuse to serve the needs of some of the software's
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users, other entities have the right to create long- or short-lived fork
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users, other entities have the right to create long- or short-lived fork
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that serves that sub-community.
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that serves that sub-community.
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@ -308,32 +313,34 @@ addresses how software can be non-free in the first place.
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Software can be made proprietary only because it is governed by copyright
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Software can be made proprietary only because it is governed by copyright
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law\footnote{This statement is a bit of an oversimplification. Patents
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law\footnote{This statement is a bit of an oversimplification. Patents
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and trade secrets can cover software and make it effectively non-free,
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and trade secrets can cover software and make it effectively non-free,
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and one can contract away their rights and freedoms regarding software.
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one can contract away their rights and freedoms regarding software, or
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However, the primary control mechanism for software is copyright.}.
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source code can be practically obscured in binary-only distribution
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Copyright law, with respect to software governs copying, modifying, and
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without reliance on any legal system. However, the primary control
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redistributing that software\footnote{Copyright law in general also
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mechanism for software is copyright.}. Copyright law, with respect to
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governs ``public performance'' of copyrighted works. There is no
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software governs copying, modifying, and redistributing that
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generally agreed definition for public performance of software and
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software\footnote{Copyright law in general also governs ``public
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version 2 of the GPL does not govern public performance.}. By law, the
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performance'' of copyrighted works. There is no generally agreed
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copyright holder (aka the author) of the work controls how others may copy,
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definition for public performance of software and version 2 of the GPL
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modify and/or distribute the work. For proprietary software, these
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does not govern public performance.}. By law, the copyright holder (aka
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controls are used to prohibit these activities. In addition, proprietary
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the author) of the work controls how others may copy, modify and/or
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software distributors further impede modification in a practical sense by
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distribute the work. For proprietary software, these controls are used to
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distributing only binary code and keeping the source code of the software
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prohibit these activities. In addition, proprietary software distributors
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secret.
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further impede modification in a practical sense by distributing only
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binary code and keeping the source code of the software secret.
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Copyright law is a construction. In the USA, the Constitution permits,
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Copyright law is a construction. In the USA, the Constitution permits,
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but does not require, the creation of copyright law as federal
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but does not require, the creation of copyright law as federal
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legislation. Software, since it is tangible expression of an idea, is
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legislation. Software, since it is an idea fixed in a tangible medium, is
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thus covered by the statues, and is copyrighted by default.
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thus covered by the statues, and is copyrighted by default.
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However, software, in its natural state without copyright, is Free
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However, this legal construction is not necessarily natural. Software, in
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Software. In an imaginary world, which has no copyright, the rules would
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its natural state without copyright, is Free Software. In an imaginary
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be different. In this world, when you received a copy of a program's
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world, which has no copyright, the rules would be different. In this
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source code, there would be no default legal system to restrict you from
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world, when you received a copy of a program's source code, there would be
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sharing it with others, making modifications, or redistributing those
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no default legal system to restrict you from sharing it with others,
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modified versions\footnote{There could still exist legal systems, like our
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making modifications, or redistributing those modified
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modern patent system, which could restrict the software in other ways.}.
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versions\footnote{There could still exist legal systems, like our modern
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patent system, which could restrict the software in other ways.}.
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Software in the real world is copyrighted by default, and that default
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Software in the real world is copyrighted by default, and that default
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legal system does exist. However, it is possible to move software out of
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legal system does exist. However, it is possible to move software out of
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@ -347,7 +354,7 @@ copyright is in the ``public domain''.
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An author can create public domain software by disclaiming all copyright
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An author can create public domain software by disclaiming all copyright
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interest on the work. In the USA and other countries that have signed the
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interest on the work. In the USA and other countries that have signed the
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Berne convention on copyright, software is copyrighted automatically by
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Berne convention on copyright, software is copyrighted automatically by
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the author when (s)he ``fixes the software into a tangible medium''. In
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the author when she ``fixes the software into a tangible medium''. In
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the software world, this usually means typing the source code of the
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the software world, this usually means typing the source code of the
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software into a file.
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software into a file.
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@ -366,7 +373,6 @@ expressed permission to take actions governed by copyright law.
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By contrast, what the copyright holder has done is renounce her copyright
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By contrast, what the copyright holder has done is renounce her copyright
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controls on the work. The law gave her controls over the work, and she
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controls on the work. The law gave her controls over the work, and she
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%should the ``she'' be a ``(s)he'' ?
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has chosen to waive those controls. Software in the public domain is
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has chosen to waive those controls. Software in the public domain is
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absent copyright and absent a license. The software freedoms discussed in
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absent copyright and absent a license. The software freedoms discussed in
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Section~\ref{Free Software Definition} are all granted because there is no
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Section~\ref{Free Software Definition} are all granted because there is no
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@ -383,7 +389,7 @@ copyrighted. In most cases (particularly in that of FSF and the GNU
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Project), this was done due to very careful planning.
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Project), this was done due to very careful planning.
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Software released into the public domain does grant freedom to those users
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Software released into the public domain does grant freedom to those users
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who receive the canonical versions on which the original author disclaimed
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who receive the standard versions on which the original author disclaimed
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copyright. However, since the work is not copyrighted, any non-trivial
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copyright. However, since the work is not copyrighted, any non-trivial
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modification made to the work is fully copyrightable.
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modification made to the work is fully copyrightable.
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@ -393,9 +399,9 @@ public domain as well. However, over time, some entities will choose to
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proprietarize their modified versions. The public domain body of software
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proprietarize their modified versions. The public domain body of software
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feeds the proprietary software. The public commons disappears, because
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feeds the proprietary software. The public commons disappears, because
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fewer and fewer entities have an incentive to contribute back to the
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fewer and fewer entities have an incentive to contribute back to the
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commons, since they know that any of their competitors can proprietarize
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commons. They know that any of their competitors can proprietarize their
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their enhancements. Over time, almost no interesting work is left in the
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enhancements. Over time, almost no interesting work is left in the public
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public domain, because nearly all new work is done by proprietarization.
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domain, because nearly all new work is done by proprietarization.
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A legal mechanism is needed to redress this problem. FSF was in fact
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A legal mechanism is needed to redress this problem. FSF was in fact
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originally created primarily as a legal entity to defend software freedom,
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originally created primarily as a legal entity to defend software freedom,
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@ -473,7 +479,7 @@ The non-commercial users, however, were not concerned when these two
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fellows began collecting paychecks off of their GPL'ed work. They knew
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fellows began collecting paychecks off of their GPL'ed work. They knew
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that because of the nature of the GPL that improvements that were
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that because of the nature of the GPL that improvements that were
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distributed in the commercial environment could easily be folded back into
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distributed in the commercial environment could easily be folded back into
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the canonical version. Companies are not permitted to proprietarize
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the standard version. Companies are not permitted to proprietarize
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Samba, so the non-commercial users, and even other commercial users are
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Samba, so the non-commercial users, and even other commercial users are
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safe in the knowledge that the software freedom ensured by GPL will remain
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safe in the knowledge that the software freedom ensured by GPL will remain
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protected.
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protected.
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@ -482,7 +488,7 @@ Commercial developers also work in concert with non-commercial developers.
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Those two now-long-since graduated students continue to contribute to
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Those two now-long-since graduated students continue to contribute to
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Samba altruistically, but also get work doing it. Priorities change when a
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Samba altruistically, but also get work doing it. Priorities change when a
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client is in the mix, but all the code is contributed back to the
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client is in the mix, but all the code is contributed back to the
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canonical version. Meanwhile, many other individuals have gotten involved
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standard version. Meanwhile, many other individuals have gotten involved
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non-commercially as developers, because they want to ``cut their teeth on
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non-commercially as developers, because they want to ``cut their teeth on
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Free Software'' or because the problems interest them. When they get good
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Free Software'' or because the problems interest them. When they get good
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at it, perhaps they will move on to another project or perhaps they will
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at it, perhaps they will move on to another project or perhaps they will
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@ -566,9 +572,9 @@ remain free in just this sense.\footnote{This quotation is Copyright
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\end{quotation}
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\end{quotation}
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In essence, lawyers are paid to service the shared commons of legal
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In essence, lawyers are paid to service the shared commons of legal
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infrastructure. Few defend themselves in court or write their own briefs
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infrastructure. Few citizens defend themselves in court or write their
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(even though they are legally permitted to do so) because everyone would
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own briefs (even though they are legally permitted to do so) because
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prefer to have an expert do that job.
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everyone would prefer to have an expert do that job.
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The Free Software economy is a market that is ripe for experts. It
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The Free Software economy is a market that is ripe for experts. It
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functions similarly to other well established professional fields like the
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functions similarly to other well established professional fields like the
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@ -663,9 +669,10 @@ Preservation of copyright notice and license notifications are mentioned
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specifically in \S 1. These are in some ways the most important part of
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specifically in \S 1. These are in some ways the most important part of
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the redistribution, which is why they are mentioned by name. The GPL
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the redistribution, which is why they are mentioned by name. The GPL
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always strives to make it abundantly clear to anyone who receives the
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always strives to make it abundantly clear to anyone who receives the
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software what its license is. The goal is to leave no reason that someone
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software what its license is. The goal is to make sure users know their
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would be surprised that the software she got was licensed under GPL\@.
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rights and freedoms under GPL and to leave no reason that someone would be
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Thus throughout the GPL, there are specific reference to the importance of
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surprised that the software she got was licensed under GPL\@. Thus
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throughout the GPL, there are specific reference to the importance of
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notifying others down the distribution chain that they have rights under
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notifying others down the distribution chain that they have rights under
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GPL.
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GPL.
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@ -688,36 +695,30 @@ on making a profit from Free Software redistribution.)
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\section{GPL \S 2: Share and Share Alike}
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\section{GPL \S 2: Share and Share Alike}
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Many consider \S 2 the heart and soul of the GPL\@. For many, this is
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For many, this is where the ``magic'' happens that defends software
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where the ``magic'' happens that defends software freedom along the
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freedom along the distribution chain. \S 2 is the only place in the GPL
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distribution chain. I certainly agree that if the GPL has a soul, this is
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that governs the modification controls of copyright law. If someone
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where it is. However, I argue that the heart is in fact contained in \SS
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modifies a GPL'ed program, she is bound in the making those changes by \S
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4--5 (see Section~\ref{GPLs4} and~\ref{GPLs5} of this tutorial). But, for
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2. The goal here is to ensure that the body of GPL'ed software, as it
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the moment, let us consider the soul.
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continues and develops, remains Free as in freedom.
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\S 2 gives the only permission in the GPL that governs the modification
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controls of copyright law. If someone modifies a GPL'ed program, she is
|
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bound in the making those changes by \S 2. The goal here is to ensure
|
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that the body of GPL'ed software, as it continues and develops, remains
|
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Free as in freedom.
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To achieve that goal, \S 2 first sets forth that the rights of
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To achieve that goal, \S 2 first sets forth that the rights of
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redistribution modified versions are the same as those for verbatim
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redistribution modified versions are the same as those for verbatim
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copying, as presented in \S 1. Therefore, the details of charging,
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copying, as presented in \S 1. Therefore, the details of charging,
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keeping copyright notices in tact, and other \S 1 provisions are in tact
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keeping copyright notices intact, and other \S 1 provisions are in tact
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here as well. However, there are three additional requirements.
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here as well. However, there are three additional requirements.
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The first (\S 2(a)) requires that modified files carry ``prominent
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The first (\S 2(a)) requires that modified files carry ``prominent
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notices'' explaining what changes were made and the date of such changes.
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notices'' explaining what changes were made and the date of such changes.
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The goal here is not to put forward some specific way of marking changes,
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The goal here is not to put forward some specific way of marking changes,
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or controlling the process of how changes get made. Primarily, \S 2(a)
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or controlling the process of how changes get made. Primarily, \S 2(a)
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seeks to ensure that those receiving modified versions what path it took
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seeks to ensure that those receiving modified versions know what path it
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to them. For some users, it is important to know that they are using the
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took to them. For some users, it is important to know that they are using
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canonical version of program, because while there are many advantages to
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the standard version of program, because while there are many advantages
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using a fork, there are a few disadvantages. Users should be informed the
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to using a fork, there are a few disadvantages. Users should be informed
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historical context of the software version they use, so that they can make
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the historical context of the software version they use, so that they can
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proper support choices. Finally, \S 2(a) serves an academic purpose ---
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make proper support choices. Finally, \S 2(a) serves an academic purpose
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ensuring that future developers can use a diachronic approach to
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--- ensuring that future developers can use a diachronic approach to
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understand the software.
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understand the software.
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\medskip
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\medskip
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@ -734,12 +735,12 @@ education efforts by FSF on this matter, many still believe that modifiers
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of GPL'ed software are required by the license to publish or otherwise
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of GPL'ed software are required by the license to publish or otherwise
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share their changes. On the contrary, \S 2(b) {\bf does not apply if} the
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share their changes. On the contrary, \S 2(b) {\bf does not apply if} the
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changes are never distributed. Indeed, the freedom to make private,
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changes are never distributed. Indeed, the freedom to make private,
|
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personal changes to software that are not shared should be protected and
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personal, unshared changes to software for personal use only should be
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defended\footnote{FSF does maintain that there is an {\bf ethical}
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protected and defended\footnote{FSF does maintain that there is an {\bf
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obligation to redistribute changes that are generally useful, and often
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ethical} obligation to redistribute changes that are generally useful,
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encourages companies and individuals to do so. However, there is a
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and often encourages companies and individuals to do so. However, there
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clear distinction between what one {\bf ought} to do and what one {\bf
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is a clear distinction between what one {\bf ought} to do and what one
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must} do.}.
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{\bf must} do.}.
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Next, we again encounter the same matter that appears in \S 0, in the
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Next, we again encounter the same matter that appears in \S 0, in the
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following text:
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following text:
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@ -767,12 +768,12 @@ Consider each subpart carefully.
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The work ``as a whole'' is what is to be licensed. This is an important
|
The work ``as a whole'' is what is to be licensed. This is an important
|
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point that \S 2 spends an entire paragraph explaining; thus this phrase is
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point that \S 2 spends an entire paragraph explaining; thus this phrase is
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worthy of a lengthy discussion here. As a programmer modifies a software
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worthy of a lengthy discussion here. As a programmer modifies a software
|
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program, she generates new copyrighted material --- fixing ideas in the
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program, she generates new copyrighted material --- fixing expressions of
|
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tangible medium of electronic file storage. That programmer is indeed the
|
ideas into the tangible medium of electronic file storage. That
|
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copyright holder of those new changes. However, those changes are part
|
programmer is indeed the copyright holder of those new changes. However,
|
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and parcel to the original worked distributed to the programmer under
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those changes are part and parcel to the original worked distributed to
|
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GPL\@. Thus, the license of the original work affects the license of the
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the programmer under GPL\@. Thus, the license of the original work
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new whole derivative work.
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affects the license of the new whole derivative work.
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|
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% {\cal I}
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% {\cal I}
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\newcommand{\gplusi}{$\mathcal{G\!\!+\!\!I}$}
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\newcommand{\gplusi}{$\mathcal{G\!\!+\!\!I}$}
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@ -782,10 +783,10 @@ new whole derivative work.
|
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It is certainly possible to take an existing independent work (called
|
It is certainly possible to take an existing independent work (called
|
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\worki{}) and combine it with a GPL'ed program (called \workg{}). The
|
\worki{}) and combine it with a GPL'ed program (called \workg{}). The
|
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license of \worki{}, when it is distributed as a separate and independent
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license of \worki{}, when it is distributed as a separate and independent
|
||||||
work, remains the prerogative of the copyright holder of . However, when
|
work, remains the prerogative of the copyright holder of \worki{}.
|
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\worki{} is combined with \workg{}, it produces a new work that is the
|
However, when \worki{} is combined with \workg{}, it produces a new work
|
||||||
combination of the two (called \gplusi{}). The copyright of this
|
that is the combination of the two (called \gplusi{}). The copyright of
|
||||||
derivative work, \gplusi{}, is jointly held by the original copyright
|
this derivative work, \gplusi{}, is jointly held by the original copyright
|
||||||
holder of each of the two works.
|
holder of each of the two works.
|
||||||
|
|
||||||
In this case, \S 2 lays out the terms by which \gplusi{} may be
|
In this case, \S 2 lays out the terms by which \gplusi{} may be
|
||||||
|
@ -798,7 +799,7 @@ product --- would they give you permission to create and distribute
|
||||||
GPL, sets forth ahead of time options for the copyright holder of \worki{}
|
GPL, sets forth ahead of time options for the copyright holder of \worki{}
|
||||||
who may want to create and distribute \gplusi{}. This pre-granted
|
who may want to create and distribute \gplusi{}. This pre-granted
|
||||||
permission to create and distribute derivative works, provided the terms
|
permission to create and distribute derivative works, provided the terms
|
||||||
of GPL are uphold, goes far above and beyond the permissions that one
|
of GPL are upheld, goes far above and beyond the permissions that one
|
||||||
would get with a typical work not covered by a copyleft license. Thus, to
|
would get with a typical work not covered by a copyleft license. Thus, to
|
||||||
say that this restriction is any way unreasonable is simply ludicrous.
|
say that this restriction is any way unreasonable is simply ludicrous.
|
||||||
|
|
||||||
|
@ -824,11 +825,11 @@ third parties''. This too has led to some confusions, and feeds the
|
||||||
misconception mentioned earlier --- that all modified versions must made
|
misconception mentioned earlier --- that all modified versions must made
|
||||||
available to the public at large. However, the text here does not say
|
available to the public at large. However, the text here does not say
|
||||||
that. Instead, it says that the licensing under terms of the GPL must
|
that. Instead, it says that the licensing under terms of the GPL must
|
||||||
extend to anyone who might, through the typical distribution chain,
|
extend to anyone who might, through the distribution chain, receive a copy
|
||||||
receive a copy of the software. Distribution to all third parties is not
|
of the software. Distribution to all third parties is not mandated here,
|
||||||
mandated here, but \S 2(b) does require redistributors to license the
|
but \S 2(b) does require redistributors to license the derivative works in
|
||||||
derivative works in a way that is extends FIXME to all third parties who may
|
a way that is extends to all third parties who may ultimately receive a
|
||||||
ultimately receive a copy of the software.
|
copy of the software.
|
||||||
|
|
||||||
In summary, \S 2(b) says what terms under which the third parties must
|
In summary, \S 2(b) says what terms under which the third parties must
|
||||||
receive this no-charge license. Namely, they receive it ``under the terms
|
receive this no-charge license. Namely, they receive it ``under the terms
|
||||||
|
@ -1211,9 +1212,23 @@ Thus, \S 7 is rarely gives software death by stopping its distribution.
|
||||||
Instead, it is inspiring patent holders to share their patents in the same
|
Instead, it is inspiring patent holders to share their patents in the same
|
||||||
freedom-defending way that they share their copyrighted works.
|
freedom-defending way that they share their copyrighted works.
|
||||||
|
|
||||||
\section{GPL \S 8: Finding Freedonia}
|
\section{GPL \S 8: Excluding Unfreedonia}
|
||||||
\label{GPLs8}
|
\label{GPLs8}
|
||||||
|
|
||||||
|
\S 8 is rarely used by copyright holders. Its intention is that, if
|
||||||
|
particular country, say Unfreedonia, grant particular patents or allow
|
||||||
|
copyrighted interfaces (no country to our knowledge even permits those
|
||||||
|
yet), that the GPL'ed software can continue in free and unabated
|
||||||
|
distribution in the countries where such controls do not exist.
|
||||||
|
|
||||||
|
It is a partial ``out'' from \S 7. Without \S 8, if a copyright holder
|
||||||
|
knew of a patent in a particular country licensed in a GPL-incompatible
|
||||||
|
way, then she could not distribute under GPL, because the work would
|
||||||
|
legitimately end up in the hands of citizens of Unfreedonia.
|
||||||
|
|
||||||
|
It is an inevitable but sad reality that some countries are freer than
|
||||||
|
others. \S 8 exists to permit distribution on those countries that are
|
||||||
|
free without otherwise negating parts of the license.
|
||||||
|
|
||||||
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|
||||||
\chapter{Odds, Ends, and Absolutely No Warranty}
|
\chapter{Odds, Ends, and Absolutely No Warranty}
|
||||||
|
|
Loading…
Reference in a new issue