% gpl-buisness.tex -*- LaTeX -*- % Tutorial Text for the GPL for Businesspeople and Developers course % % Copyright (C) 2003 Free Software Foundation, Inc. % Verbatim copying and distribution of this entire document is permitted in % any medium, provided this notice is preserved. \documentclass[12pt]{report} % FILTER_PS: \input{generate-ps-file} % FILTER_PDF: \input{generate-pdf-file} % FILTER_HTML: \input{generate-html-file} \input{one-inch-margins} %\setlength\parskip{0.7em} %\setlength\parindent{0pt} \newcommand{\defn}[1]{\emph{#1}} %\pagestyle{empty} \begin{document} \begin{titlepage} {\Large \begin{center} \vspace{.5in} {\sc The GNU General Public License for Businesspeople and Developers } \\ \vspace{1in} A Tutorial By: \vspace{.3in} Bradley M. Kuhn Executive Director Free Software Foundation \end{center} } \vfill {\parindent 0in Copyright \copyright{} 2003 \hspace{.2in} Free Software Foundation, Inc. \vspace{.3in} Verbatim copying and distribution of this entire document is permitted in any medium, provided this notice is preserved. } \end{titlepage} \pagestyle{plain} \pagenumbering{roman} \begin{abstract} This tutorial gives a section-by-section explanation of the most popular Free Software copyright license, the GNU General Public License (GNU GPL), and teaches software developers, managers and businesspeople how to use the GPL and GPL'ed software successfully in new Free Software business and in existing, successful enterprises. Attendees should have a general familiarity with software development processes. A vague understanding of how copyright law applies to software is also helpful. The tutorial is of most interest to software developers and managers who run software businesses that modify and/or redistribute software under terms of the GNU GPL (or who wish to do so in the future), and those who wish to make use of existing GPL'ed software in their enterprise. This tutorial introduces the GNU GPL and its terms to professionals who are not well versed in the details of copyright law. Presented by a software developer and manager, this tutorial informs those who wish to have a deeper understanding of how the GNU GPL uses copyright law to protect software freedom and to assist in the formation of Free Software businesses, and of the organizational motivations behind the GNU GPL. Upon completion of the tutorial, successful attendees can expect to have learned the following: \begin{itemize} \item the freedom-defending purpose of each term of the GNU GPL. \item the redistribution options under the GPL. \item the obligations when modifying GPL'ed software. \item how to properly apply the GPL to a new software. \item how to build a plan for proper and successful compliance with the GPL. \item the business advantages that the GPL provides. \item the most common business models used in conjunction with the GPL. \item how existing GPL'ed software can be used in existing enterprises. \end{itemize} \end{abstract} \tableofcontents \pagebreak \pagenumbering{arabic} %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% \chapter{What Is Free Software?} Consideration of the GNU General Public License (herein, abbreviated as \defn{GNU GPL} or just \defn{GPL}) must begin by first considering the broader world of Free Software. The GPL was not created from a void, rather, it was created to embody and defend a set of principles that were set forth at the founding of the GNU project and the Free Software Foundation (FSF)---the organization that upholds, defends and promotes the philosophy of software freedom. A prerequisite for understanding the GPL and its terms and conditions is a basic understanding of the principles behind it. The GPL is unlike almost all other software licenses in that it is designed to defend and uphold these principles. \section{The Free Software Definition} \label{Free Software Definition} The Free Software Definition is set forth in full on FSF's website at \href{http://www.fsf.org/philosophy/free-sw.html}{http://www.fsf.org/philosophy/free-sw.html}. This section presents an abbreviated version that will focus on the parts that are most pertinent to the terms of the GPL\@. A particular program is Free Software if it grants a particular user of that program, the following freedoms: \begin{itemize} \item the freedom to run the program for any purpose. \item the freedom to change and modify the program. \item the freedom to copy and share the program. \item the freedom to share improved versions of the program. \end{itemize} 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 people refer to software that gives these freedoms as ``Open Source''. Besides having a different political focus than those who call it Free Software\footnote{The political differences between the Free Software Movement and the Open Source Movement are documented on FSF's website at \href{http://www.fsf.org/philosophy/free-software-for-freedom.html} {http://www.gnu.org/philosophy/free-software-for-freedom.html}.}, those who call the software ``Open Source'' are focused on a side issue. User access to the source code of a program is a prerequisite to make use of the freedom to modify. However, the important issue is what freedoms are granted in the license of that source code. Microsoft's ``Shared Source'' program, for example, gives various types of access to source code, but almost none of the freedoms described in this section. One key issue that is central to these freedoms is that there are no restrictions on how these freedoms can be exercised. Specifically, users and programmers can exercise these freedoms non-commercially or commercially. Licenses that grant these freedoms for non-commercial activities but prohibit them for commercial activities are considered non-Free. In general, software for which most or all of these freedoms are restricted in any way is called ``non-Free Software''. Typically, the term ``proprietary software'' is used more or less interchangeably with ``non-Free Software''. Personally, I tend to use the term ``non-Free Software'' to refer to non-commercial software that restricts freedom (such as ``shareware'') and ``proprietary software'' to refer to commercial software that restricts freedom (such as nearly all of Microsoft's and Oracle's offerings). The remainder of this section considers each of the four freedoms in detail. \subsection{The Freedom to Run} For a program to be Free Software, the freedom to run the program must be completely unrestricted. This means that any use for that software that the user can come up with must be permitted. Perhaps, for example, the user has discovered an innovative new use for a particular program, one that the programmer never could have predicted. Such a use much not be restricted. It was once rare that this freedom was restricted by even proprietary software; today it is not so rare. Most End User Licensing Agreements (EULAs) that cover most proprietary software restrict some types of use. For example, some versions of Microsoft's Frontpage software prohibit use of the software to create websites that generate negative publicity for Microsoft. Free Software has no such restrictions; everyone is free to use Free Software for any purpose whatsoever. \subsection{The Freedom to Change and Modify} Free Software programs allow users to change, modify and adapt the software to suit their needs. Access to the source code and related build scripts are an essential part of this freedom. Without the source code and the ability to build the binary applications from that source, the freedom cannot be properly exercised. Programmers can take direct benefit from this freedom, and often do. However, this freedom is essential to users who are not programmers. Users must have the right to engage in a non-commercial environment of finding help with the software (as often happens on email lists and in users groups). This means they must have the freedom to recruit programmers who might altruistically assist them to modify their software. The commercial exercise of this freedom is also essential. Each user, or group of users, must have the right to hire anyone they wish on a competitive free market to modify and change the software. This means that companies have a right to hire anyone they wish to modify their Free Software. Additionally, such companies may contract with other companies to commission software modification. \subsection{The Freedom to Copy and Share} Users may share Free Software in a variety of ways. Free Software advocates work to eliminate fundamental ethical dilemma of the software age: choosing between obeying a software license, and friendship (by giving away a copy of a program your friend who likes the software you are using). Free Software licenses, therefore, must permit this sort of altruistic sharing of software among friends. The commercial environment must also have the benefits of this freedom. Commercial sharing typically takes the form of selling copies of Free Software. Free Software can be sold at any price to anyone. Those who redistribute Free Software commercially have the freedom to selectively distribute (you can pick your customers) and to set prices at any level the redistributor sees fit. It is true that many people get copies of Free Software very cheaply (and sometimes without charge). The competitive free market of Free Software tends to keep prices low and reasonable. However, if someone is willing to pay a billion dollars for one copy of the GNU Compiler Collection, such a sale is completely permitted. Another common instance of commercial sharing is service-oriented distribution. For example, a distribution vendor may provide immediate security and upgrade distribution via a special network service. Such distribution is completely permitted for Free Software. \subsection{The Freedom to Share Improvements} The freedom to modify and improve is somewhat empty without the freedom to share those improvements. The Free Software community is built on the pillar of altruistic sharing of improved Free Software. Inevitably, a Free Software project sprouts a mailing list where improvements are shared freely among members of the development community. Such non-commercial sharing must be permitted for Free Software to thrive. Commercial sharing of modified Free Software is equally important. For a competitive free market for support to exist, all developers --- from single-person contractors to large software companies --- must have the freedom to market their services as improvers of Free Software. All forms of such service marketing must be equally available to all. For example, selling support services for Free Software is fully permitted. Companies and individuals can offer themselves as ``the place to call'' when software fails or does not function properly. For such a service to be meaningful, the entity offering that service must have the right to modify and improve the software for the customer to correct any problems that are beyond mere user error. Entities must also be permitted to make available modified versions of Free Software. Most Free Software programs have a so-called ``canonical version'' that is made available from the primary developers of the software. However, all who have the software have the ``freedom to fork'' --- that is, make available non-trivial modified versions of the software on a permanent or semi-permanent basis. Such freedom is central to vibrant developer and user interaction. Companies and individuals have the right to make true value-added versions of Free Software. They may use freedom to share improvements to distribute distinct versions of Free Software with different functionality and features. Furthermore, this freedom can be exercised to serve a disenfranchised subset of the user community. If the developers of the canonical version refuse to serve the needs of some of the software's users, other entities have the right to create long- or short-lived fork that serves that sub-community. \section{How Does Software Become Free?} The last section set forth the freedoms and rights are respected by Free Software. It presupposed, however, that such software exists. This section discusses how Free Software comes into existence. But first, it addresses how software can be non-free in the first place. Software can be made proprietary only because it is governed by copyright law\footnote{This statement is a bit of an oversimplification. Patents and trade secrets can cover software and make it effectively non-free, and one can contract away their rights and freedoms regarding software. However, the primary control mechanism for software is copyright.}. Copyright law, with respect to software governs copying, modifying, and redistributing that software\footnote{Copyright law in general also governs ``public performance'' of copyrighted works. There is no generally agreed definition for public performance of software and version 2 of the GPL does not govern public performance.}. By law, the copyright holder (aka the author) of the work controls how others my copy, modify and/or distribute the work. For proprietary software, these controls are used to prohibit these activities. In addition, proprietary software distributors further impede modification in a practical sense by distributing only binary code and keeping the source code of the software secret. Copyright law is a construction. In the USA, the Constitution permits, but does not require, the creation of copyright law as federal legislation. Software, since it is tangible expression of an idea, is thus covered by the statues, and is copyrighted by default. However, software, in its natural state without copyright, is Free Software. In an imaginary world, which has no copyright, the rules would be different. In this world, when you received a copy of a program's source code, there would be no default legal system to restrict you from sharing it with others, making modifications, or redistributing those modified versions\footnote{There could still exist legal systems, like our modern patent system, which could restrict the software in other ways.}. Software in the real world is copyrighted by default, and that default legal system does exist. However, it is possible to move software out of the domain of the copyright system. A copyright holder is always permitted to \defn{disclaim} their copyright. If copyright is disclaimed, the software is not governed by copyright law. Software not governed by copyright is in the ``public domain''. \subsection{Public Domain Software} An author can create public domain software by disclaiming all copyright interest on the work. In the USA and other countries that have signed the Berne convention on copyright, software is copyrighted automatically by the author when (s)he ``fixes the software into a tangible medium''. In the software world, this usually means typing the source code of the software into a file. However, an author can disclaim that default control given to her by the copyright laws. Once this is done, the software is in the public domain --- it is no longer covered by copyright. Since it is copyright law that allows for various controls on software (i.e., prohibition of copying, modification, and redistribution), removing the software from the copyright system and placing it into the public domain does yield Free Software. Carefully note that software in the public domain is \emph{not} licensed in any way. It is nonsensical to say software is ``licensed for the public domain'', or any phrase that implies the copyright holder gave an expressed permission to take actions governed by copyright law. By contrast, what the copyright holder has done is renounce her copyright controls on the work. The law gave her controls over the work, and she has chosen to waive those controls. Software in the public domain is absent copyright and absent a license. The software freedoms discussed in Section~\ref{Free Software Definition} are all granted because there is no legal system in play to take them away. \subsection{Why Copyright Free Software?} If simply disclaiming copyright on software yields Free Software, then it stands to reason that putting software into the public domain is the easiest and most straightforward way to produce Free Software. Indeed, some major Free Software projects have chosen this method for making their software Free. However, most of the Free Software in existence \emph{is} copyrighted. In most cases (particularly in that of FSF and the GNU Project), this was done due to very careful planning. Software released into the public domain does grant freedom to those users who receive the canonical versions on which the original author disclaimed copyright. However, since the work is not copyrighted, any non-trivial modification made to the work is fully copyrightable. Free Software released into the public domain initially is Free, and perhaps some who modify the software choose to place their work into the public domain as well. However, over time, some entities will choose to proprietarize their modified versions. The public domain body of software feeds the proprietary software. The public commons disappears, because fewer and fewer entities have an incentive to contribute back to the commons, since they know that any of their competitors can proprietarize their enhancements. Over time, almost no interesting work is left in the public domain, because nearly all new work is done by proprietarization. A legal mechanism is needed to redress this problem. FSF was in fact originally created primarily as a legal entity to defend software freedom, and that work of of defending software freedom is a substantial part of its work today. Specifically because of this ``embrace, proprietarize and extend'' cycle, FSF made a conscious choice to copyright its Free Software, and then license it under ``copyleft'' terms, and many, including the developers of the kernel named Linux has chosen to follow this paradigm. Copyleft is a legal strategy to defend, uphold and propagate software freedom. The basic technique of copyleft is as follows: copyright the software, license it under terms that give all the software freedoms, but use the copyright law controls to ensure that all who receive a copy of the software have equal rights and freedom. In essence, copyleft grants freedom, but forbids others to forbid that freedom from anyone else along the distribution and modification chains. Copyleft is a general concept. Much like ideas for what a computer might do must be \emph{implemented} by a program that actually does the job, so too must copyleft be implemented in some concrete legal structure. ``Share and share alike'' is a phrase that is often enough to explain the concept behind copyleft, but to actually make it work in the real world, a true implementation in legal text must exist. The GPL is the primary implementation of copyleft in copyright licensing language. \section{An Ecosystem of Equality} The GPL uses copyright law to defend freedom and equally ensure users' rights. This ultimately creates an ecosystem of equality for both business and non-commercial users. \subsection{The Non-Commercial Ecosystem} A GPL'ed code base becomes a center of a vibrant development and user community. Traditionally, volunteers, operating non-commercially out of keen interest or ``scratch an itch'' motivations, produce initial versions of a GPL'ed system. Because of the efficient distribution channels of the Internet, any useful GPL'ed system is adopted quickly by non-commercial users. Fundamentally, the early release and quick distribution of the software gives birth to a thriving non-commercial community. Users and developers begin sharing bug reports and bug fixes across a shared intellectual commons. Users can trust the developers, because they know that if the developers fail to address their needs or abandon the project, the GPL ensures that someone else has the right to pick up development. Developers know that the users cannot redistribute their software without passing along the rights granted by GPL, so they are assured that every one of their users is treated equally. Because of the symmetry and fairness inherent in GPL'ed distribution, nearly every GPL'ed package in existence has a vibrant non-commercial user and developer base. \subsection{The Commercial Ecosystem} By the same token, nearly all established GPL'ed software systems have a vibrant commercial community. Nearly every GPL'ed system that has gained wide adoption from non-commercial users and developers eventually begins to fuel a commercial system around that software. For example, consider the Samba file server system that allows Unix-like systems (including GNU/Linux) to serve files to Microsoft Windows systems. Two graduate students originally developed Samba in their spare time and it was deployed non-commercially in academic environments. However, very soon for-profit companies discovered that the software could work for them as well, and their system administrators began to use it in place of Microsoft Windows NT file-servers. This served to lower the cost of ownership by orders of magnitude. There was suddenly room in Windows file-server budgets to hire contractors to improve Samba. Some of the first people hired to do such work were those same two graduate students who originally developed the software. The non-commercial users, however, were not concerned when these two fellows began collecting paychecks off of their GPL'ed work. They knew that because of the nature of the GPL that improvements that were distributed in the commercial environment could easily be folded back into the canonical version. Companies are not permitted to proprietarize Samba, so the non-commercial users, and even other commercial users are safe in the knowledge that the software freedom ensured by GPL will remain protected. Commercial developers also work in concert with non-commercial developers. Those two now-long-since graduated students continue to contribute to Samba altruistically, but also get work doing it. Priorities change when a client is in the mix, but all the code is contributed back to the canonical version. Meanwhile, many other individuals have gotten involved non-commercially as developers, because they want to ``cut their teeth on Free Software'' or because the problem interest them. When they get good at it, perhaps they will move on to another project or perhaps they will become commercial developers of the software themselves. No party is a threat to another in the GPL software scenario because everyone is on equal ground. The GPL protects rights of the commercial and non-commercial contributors and users equally. The GPL creates trust, because it is a level playing field for all. \subsection{Law Analogy} In his introduction to Stallman's \emph{Free Software, Free Society}, Lawrence Lessig draws an interesting analogy between the law and Free Software. He argues that the laws of a Free society must be protected much like the GPL protects software. So that I might do true justice to Lessig's argument, I quote it verbatim: \begin{quotation} A ``free society'' is regulated by law. But there are limits that any free society places on this regulation through law: No society that kept its laws secret could ever be called free. No government that hid its regulations from the regulated could ever stand in our tradition. Law controls. But it does so justly only when visibly. And law is visible only when its terms are knowable and controllable by those it regulates, or by the agents of those it regulates (lawyers, legislatures). This condition on law extends beyond the work of a legislature. Think about the practice of law in American courts. Lawyers are hired by their clients to advance their clients' interests. Sometimes that interest is advanced through litigation. In the course of this litigation, lawyers write briefs. These briefs in turn affect opinions written by judges. These opinions decide who wins a particular case, or whether a certain law can stand consistently with a constitution. All the material in this process is free in the sense that Stallman means. Legal briefs are open and free for others to use. The arguments are transparent (which is different from saying they are good) and the reasoning can be taken without the permission of the original lawyers. The opinions they produce can be quoted in later briefs. They can be copied and integrated into another brief or opinion. The ``source code'' for American law is by design, and by principle, open and free for anyone to take. And take lawyers do---for it is a measure of a great brief that it achieves its creativity through the reuse of what happened before. The source is free; creativity and an economy is built upon it. This economy of free code (and here I mean free legal code) doesn't starve lawyers. Law firms have enough incentive to produce great briefs even though the stuff they build can be taken and copied by anyone else. The lawyer is a craftsman; his or her product is public. Yet the crafting is not charity. Lawyers get paid; the public doesn't demand such work without price. Instead this economy flourishes, with later work added to the earlier. We could imagine a legal practice that was different---briefs and arguments that were kept secret; rulings that announced a result but not the reasoning. Laws that were kept by the police but published to no one else. Regulation that operated without explaining its rule. We could imagine this society, but we could not imagine calling it ``free.'' Whether or not the incentives in such a society would be better or more efficiently allocated, such a society could not be known as free. The ideals of freedom, of life within a free society, demand more than efficient application. Instead, openness and transparency are the constraints within which a legal system gets built, not options to be added if convenient to the leaders. Life governed by software code should be no less. Code writing is not litigation. It is better, richer, more productive. But the law is an obvious instance of how creativity and incentives do not depend upon perfect control over the products created. 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. And a free society is one that assures that its most important resources remain free in just this sense.\footnote{This quotation is Copyright \copyright{} 2002, Lawrence Lessig. It is licensed under the terms of \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} In essence, lawyers are paid to service the shared commons of legal infrastructure. Few defend themselves in court or write their own briefs (even though they legally permitted to do so) because everyone would prefer to have an expert do that job. The Free Software economy is a market that is ripe for experts. It functions similarly to other well established professional fields like the law. The GPL, in turn, serves as the legal scaffolding that permits the creation of this vibrant commercial and non-commercial Free Software economy. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% \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} \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} 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} \appendix \chapter{The GNU General Public License} \begin{center} {\parindent 0in Version 2, June 1991 Copyright \copyright\ 1989, 1991 Free Software Foundation, Inc. \bigskip 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA \bigskip Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. } \end{center} \begin{center} {\bf\large Preamble} \end{center} The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software---to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. \begin{center} {\Large \sc Terms and Conditions For Copying, Distribution and Modification} \end{center} %\renewcommand{\theenumi}{\alpha{enumi}} \begin{enumerate} \addtocounter{enumi}{-1} \item 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 terms of this General Public License. The ``Program'', below, refers to any such program or work, and a ``work based on the Program'' means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term ``modification''.) Each licensee is addressed as ``you''. Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. \item You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. \item You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: \begin{enumerate} \item You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. \item You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. \item If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) \end{enumerate} These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. \item You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: \begin{enumerate} \item Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, \item Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, \item Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) \end{enumerate} The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. \item You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. \item You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. \item Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. \item If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. \item If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. \item The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and ``any later version'', you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. \item If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. \begin{center} {\Large\sc No Warranty } \end{center} \item {\sc Because the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program ``as is'' without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.} \item {\sc In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.} \end{enumerate} \begin{center} {\Large\sc End of Terms and Conditions} \end{center} \pagebreak[2] \section*{Appendix: How to Apply These Terms to Your New Programs} If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the ``copyright'' line and a pointer to where the full notice is found. \begin{quote} one line to give the program's name and a brief idea of what it does. \\ Copyright (C) yyyy name of author \\ This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. \end{quote} Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: \begin{quote} Gnomovision version 69, Copyright (C) yyyy name of author \\ Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. \\ This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. \end{quote} The hypothetical commands {\tt show w} and {\tt show c} should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than {\tt show w} and {\tt show c}; they could even be mouse-clicks or menu items---whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a ``copyright disclaimer'' for the program, if necessary. Here is a sample; alter the names: \begin{quote} Yoyodyne, Inc., hereby disclaims all copyright interest in the program \\ `Gnomovision' (which makes passes at compilers) written by James Hacker. \\ signature of Ty Coon, 1 April 1989 \\ Ty Coon, President of Vice \end{quote} This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. \end{document} % LocalWords: proprietarize redistributors sublicense yyyy Gnomovision % LocalWords: Yoyodyne