From fd9a2353f4c92a0f207edda00be5da2c2696c669 Mon Sep 17 00:00:00 2001 From: "Bradley M. Kuhn" Date: Thu, 29 May 2003 18:09:03 +0000 Subject: [PATCH] * Wrote about GPL Section 4 --- gpl-lgpl.tex | 98 ++++++++++++++++++++++++++++++++++++++++++++++++---- 1 file changed, 91 insertions(+), 7 deletions(-) diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 4c6f7bd..e4f08d7 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -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