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Affero GPL section, not doing this justice now, but this is good enough to

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print for Monday's class.
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Bradley M. Kuhn 2014-03-20 20:46:27 -04:00
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@ -3585,93 +3585,90 @@ the final sentence of GPLv2 section 7, which the FSF consider to be unnecessary.
\section{GPLv3~\S13: The Great Affero Compromise} \section{GPLv3~\S13: The Great Affero Compromise}
The main purpose of clause 7b4 was to attain GPLv3 compatibility for the The Affero GPL was written with the expectation that its
additional condition of version 1 of the Affero GPL, with a view to
achieving compatibility for a future version, since version 1 was
incompatible with GPLv3.\footnote{Version 1 of the Affero GPL contains
its own copyleft clause, worded identically to that in GPLv2, which
conflicts with the copyleft clause in GPLv3. The Affero GPL permits
relicensing under versions of the GPL later than version 2, but only if
the later version ``includes terms and conditions substantially
equivalent to those of this license'' (Affero GPL, version 1, section
9). The Affero license was written with the expectation that its
additional requirement would be incorporated into the terms of GPLv3 additional requirement would be incorporated into the terms of GPLv3
itself, rather than being placeable on parts added to a covered work itself. Many software freedom advocates, including some authors of this
through the mechanism of section 7 of GPLv3.} However, we wrote the tutorial, advocated heavily for that, and fully expected it to happen.
clause broadly enough to cover a range of other possible terms that
would differ from the Affero condition in their details. Draft 3 no
longer pursues the more ambitious goal of allowing compatibility for a
whole category of Affero-like terms. In place of 7b4, we have added a
new section 13 that simply permits GPLv3-covered code to be linked with
code covered by the forthcoming version 2 of the Affero GPL.
We have made this decision in the face of irreconcilable views from The FSF, however, chose not to include the Affero clause in GPLv3, due to
different parts of our community. While we had known that many what it called ``irreconcilable views from
commercial users of free software were opposed to the inclusion of a different parts of the community''. Many
mandatory Affero-like requirement in the body of GPLv3 itself, we were commercial users of Free Software were opposed to the inclusion of a
surprised at their opposition to its availability through section 7. mandatory Affero-like requirement in the body of GPLv3 itself. In fact, some
Free software vendors allied to these users joined in their objections, wealthier companies even threatened to permanently fund forks of many FSF
as did a number of free software developers arguing on ethical as well copyrighted-programs under GPLv2 if the Affero clause appeared in GPLv3.
as practical grounds.
Some of this hostility seemed to be based on a misapprehension that Meanwhile, there was disagreement even among copyleft enthusiasts about the
Affero-like terms placed on part of a covered work would somehow extend importance of the provision. A coalition never formed, and ultimately the
to the whole of the work.\footnote{It is possible that the presence of more powerful interest implicitly allied with the companies who deeply opposed
the GPLv2-derived copyleft clause in the existing Affero GPL contributed the Affero clause such that the FSF felt the Affero clause would need its own
to this misunderstanding.} Our explanations to the contrary did little license, but one compatible with GPLv3.
to satisfy these critics; their objections to 7b4 instead evolved into a
broader indictment of the additional requirements scheme of section 7.
It was clear, however, that much of the concern about 7b4 stemmed from
its general formulation. Many were alarmed at the prospect of GPLv3
compatibility for numerous Affero-like licensing conditions,
unpredictable in their details but potentially having significant
commercial consequences.
On the other hand, many developers, otherwise sympathetic to the policy GPLv3~\S13 makes GPLv3 compatible with the AGPLv3, so that at least code can
goals of the Affero GPL, have objected to the form of the additional be shared between AGPLv3'd and GPLv3' projects, even if the Affero clause
requirement in that license. These developers were generally does not automatically apply to all GPLv3'd works.
disappointed with our decision to allow Affero-like terms through
section 7, rather than adopt a condition for GPLv3. Echoing their
concerns about the Affero GPL itself, they found fault with the wording
of the section 7 clause in both of the earlier drafts. We drafted 7b4
at a higher level than its Draft 1 counterpart based in part on comments
from these developers. They considered the Draft 1 clause too closely
tied to the Affero mechanism of preserving functioning facilities for
downloading source, which they found too restrictive of the right of
modification. The 7b4 rewording did not satisfy them, however. They
objected to its limitation to terms requiring compliance by network
transmission of source, and to the technically imprecise or inaccurate
use of the phrase ``same network session.''
We have concluded that any redrafting of the 7b4 clause would fail to %FIXME-LATER: no time to do this justice, will come back later, instead the
satisfy the concerns of both sets of its critics. The first group %above.
maintains that GPLv3 should do nothing about the problem of public
use. The second group would prefer for GPLv3 itself to have an
Affero-like condition, but that seems to us too drastic. By permitting
GPLv3-covered code to be linked with code covered by version 2 of the
Affero GPL, the new section 13 honors our original commitment to
achieving GPL compatibility for the Affero license.
Version 2 of the Affero GPL is not yet published. We will work with %% Some of this hostility seemed to be based on a misapprehension that
Affero, Inc., and with all other interested members of our community, to %% Affero-like terms placed on part of a covered work would somehow extend
complete the drafting of this license following the release of Draft 3, %% to the whole of the work.\footnote{It is possible that the presence of
with a goal of having a final version available by the time of our %% the GPLv2-derived copyleft clause in the existing Affero GPL contributed
adoption of the final version of GPLv3. We hope the new Affero license %% to this misunderstanding.} Our explanations to the contrary did little
will satisfy those developers who are concerned about the issue of %% to satisfy these critics; their objections to 7b4 instead evolved into a
public use of unconveyed versions but who have concerns about the %% broader indictment of the additional requirements scheme of section 7.
narrowness of the condition in the existing Affero license. %% It was clear, however, that much of the concern about 7b4 stemmed from
%% its general formulation. Many were alarmed at the prospect of GPLv3
%% compatibility for numerous Affero-like licensing conditions,
%% unpredictable in their details but potentially having significant
%% commercial consequences.
As the second sentence in section 13 indicates, when a combined work is %% On the other hand, many developers, otherwise sympathetic to the policy
made by linking GPLv3-covered code with Affero-covered code, the %% goals of the Affero GPL, have objected to the form of the additional
copyleft on one part will not extend to the other part.\footnote{The %% requirement in that license. These developers were generally
plan is that the additional requirement of the new Affero license will %% disappointed with our decision to allow Affero-like terms through
state a reciprocal limitation.} That is to say, in such combinations, %% section 7, rather than adopt a condition for GPLv3. Echoing their
the Affero requirement will apply only to the part that was brought into %% concerns about the Affero GPL itself, they found fault with the wording
the combination under the Affero license. Those who receive such a %% of the section 7 clause in both of the earlier drafts. We drafted 7b4
combination and do not wish to use code under the Affero requirement may %% at a higher level than its Draft 1 counterpart based in part on comments
remove the Affero-covered portion of the combination. %% from these developers. They considered the Draft 1 clause too closely
%% tied to the Affero mechanism of preserving functioning facilities for
%% downloading source, which they found too restrictive of the right of
%% modification. The 7b4 rewording did not satisfy them, however. They
%% objected to its limitation to terms requiring compliance by network
%% transmission of source, and to the technically imprecise or inaccurate
%% use of the phrase ``same network session.''
Those who criticize the permission to link with code under the Affero %% We have concluded that any redrafting of the 7b4 clause would fail to
%% satisfy the concerns of both sets of its critics. The first group
%% maintains that GPLv3 should do nothing about the problem of public
%% use. The second group would prefer for GPLv3 itself to have an
%% Affero-like condition, but that seems to us too drastic. By permitting
%% GPLv3-covered code to be linked with code covered by version 2 of the
%% Affero GPL, the new section 13 honors our original commitment to
%% achieving GPL compatibility for the Affero license.
%% Version 2 of the Affero GPL is not yet published. We will work with
%% Affero, Inc., and with all other interested members of our community, to
%% complete the drafting of this license following the release of Draft 3,
%% with a goal of having a final version available by the time of our
%% adoption of the final version of GPLv3. We hope the new Affero license
%% will satisfy those developers who are concerned about the issue of
%% public use of unconveyed versions but who have concerns about the
%% narrowness of the condition in the existing Affero license.
%% As the second sentence in section 13 indicates, when a combined work is
%% made by linking GPLv3-covered code with Affero-covered code, the
%% copyleft on one part will not extend to the other part.\footnote{The
%% plan is that the additional requirement of the new Affero license will
%% state a reciprocal limitation.} That is to say, in such combinations,
%% the Affero requirement will apply only to the part that was brought into
%% the combination under the Affero license. Those who receive such a
%% combination and do not wish to use code under the Affero requirement may
%% remove the Affero-covered portion of the combination.
Meanwhile, those who criticize the permission to link with code under the Affero
GPL should recognize that most other free software licenses also permit GPL should recognize that most other free software licenses also permit
such linking. such linking.