* Wrote about GPL Section 4

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Bradley M. Kuhn 2003-05-29 18:09:03 +00:00 committed by Bradley M. Kuhn
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@ -155,8 +155,9 @@ that program, the following freedoms:
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 of these freedoms. Section~\ref{Proprietary 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
@ -970,7 +971,7 @@ Internet (i.e., ``from a designated place''), \emph{then} simply providing
the source code right alongside the binaries in the same place is
sufficient to comply with \S 3.
\midskip
\medskip
As is shown above, Under \S 3(a), embedded manufacturers can put the
binaries on the device and ship the source code along on a CD\@. However,
@ -1050,16 +1051,90 @@ only rarely a better option than complying via \S 3(a).
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Defending Freedom On Many Fronts}
\section{GPL, Section 4}
The last chapter presented the core freedom-defending provisions of GPL\@,
which are in \S\S 0--3. \S\S 4--7 of the GPL are designed to ensure that
\S\S 0--3 are not infringed, are enforcable, are kept to the confines of
copyright law and are not trumped by other copyright agreements or
components of other entirely seperate legal systems. In short, while \S\S
0--3 are the parts of the license that defend the freedoms of users and
programmers, \S\S 4--7 are the parts of the license that keep the playing
field clear so that \S\S 0--3 can do their jobs.
\section{GPL \S 4: Termination on Violation}
\label{GPLs4}
\section{GPL, Section 5}
\S 4--5 are, in my opinion, the heart of the GPL\@. \S\S 0--3 are
important in their efforts to set forth in clear legal langauge the
doctrine of copyleft. However, \S 4--5 are the glue that holds \S\S 0--3
together.
\S 4 is GPL's termination clause. Upon first examination, it seems
strange for a license that has the goal of defending users and programmers
freedoms for perpetuity in an irrevocable way would have such a clause.
However, upon further examination, the difference between irrevocability
and this termination clause becomes clear.
The GPL is irrevocable in the sense that once a copyright holder grants
rights for someone to copy, modify and redistribute the software under
terms of the GPL, they cannot later revoke that grant. Since the GPL has
no provision allowing the copyright holder to take such a pregoative, the
license is granted as long as the copyright remains in effect\footnote{In
the USA< due to unfortunate legislation, this is nearly perpetual, even
though the Constitution forbids it.}. The copyright holder has the
right to relicense the same work under different licenses (see
Section~\ref{Proprietary Relicensing} of this tutorial), or to stop
distributing the GPL'ed version (assuming \S 3(b) was never used), but the
she may not revoke the rights under GPL already granted.
In fact, when an entity looses their right to copy, modify and distribute
GPL'ed software, it is because of their \emph{own actions}, not that of
the copyright holder. The copyright holder does not decided when \S 4
termination occurs (if ever), the actions of the licensee does.
Under copyright law, the GPL has granted various rights and freedoms to
the licensee to perform specific types of copying, modification, and
redistribution. By default, all other types of copying, modification, and
redistribution are prohibited. \S 4 says that if you undertake any of
those other types (e.g., redistributing binary-only in violation of \S 3),
then all rights under the license --- even those otherwise permitted for
those who have not violated --- terminate automatically.
\S 4 gives GPL teeth. If licensees fail to adhere to the license, then
they are stuck. They must to completely cease and desist from all
copying, modification and distribution of that GPL'ed software.
At that point, violating licensees must gain the forgiveness of the
copyright holder to have their rights restored. Alternatively, they could
negotiate another agreement, seperate from GPL, with the copyright
holder. Both are common practice.
At FSF, it is part of the mission to spread software freedom. When FSF
enforces GPL, the goal is to bring the violator back into compliance as
quickly as possible, and redress the damage caused by the violation.
That is FSF's steadfast position in a violation negotation --- comply
with the license and respect freedom.
However, other entities who do not share the full ethos of software
freedom as institiualized by FSF persue GPL violations differently. MySQL
AB, a company that produces the GPL'ed MySQL database, upon discovering
GPL violations typically negotiates a proprietary software license
sepearately for a fee. While this practice is not one that FSF would ever
consider undertaking or even endorsing, it is a legal way for copyright
holders to proceed.
\section{GPL \S 5: Acceptance, Copyright Style}
\label{GPLs5}
\section{GPL, Section 6}
Under copyright law, the GPL has granted various rights and freedoms to
the licensee to perform acts of copying, modification, and redistribution
that would otherwise have been prohibited by default. Since, barring
special permission from the copyright holder, the GPL is a licensee's one
and only license to the software (thanks to \S 6),
\section{GPL \S 6: GPL, My One and Only}
\label{GPLs6}
\section{GPL, Section 7}
\section{GPL \S 7: ``Give My Software Liberty of Give It Death!''}
\label{GPLs7}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
@ -1101,6 +1176,15 @@ warranties that cannot be disclaimed (such as personal injury, etc.).
\section{Business Models}
\label{Business Models}
\subsection{Redistribution Sales}
\subsection{Custom Modification on Contract}
\subsection{Proprietary Relicensing}
\label{Proprietary Relicensing}
\section{Ongoing Compliance}
\appendix