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% Brief Introduction to the GNU General Public License % Bradley M. Kuhn % Monday 24 March 2014
Audience Polls
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My goal here is to move faster or slower based on audience knowledge.
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There are folks in this audience who have worked with this stuff for years, and those who are completely new.
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We want these presentations to be valuable to all of you.
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Please, don't be embarrassed:
- Ever GPL expert in the world, including me, started as a student who knew none of this.
IANAL
IANAL
My Affiliations
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Formerly had John's job, Executive Director of FSF, years ago.
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Currently: on Board of Directors of FSF.
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President of Software Freedom Conservancy.
How These Orgs Relate to GPL?
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FSF
- Invented copyleft.
- Authors & stewards of the GPL.
- Holder of copyrights on many key GNU programs …
- … and therefore enforcers of those copyrights.
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Software Freedom Conservancy
- Adviser on legal issues of copyright, etc. to Free Software projects.
- Holder of some copyrights on its member projects.
- Enforcer of GPL on behalf of many copyright holders in:
- BusyBox, Samba, Mercurial, and the kernel named Linux.
How this Hour Will Go?
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Materials presented will mix the simple & complex.
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We cannot possibly cover the entire GPL in one hour.
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Discuss: motivations, origins, then a few of GPL's sections.
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I understand the mix of backgrounds in the audience.
A Restaurant's Lawyer?
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Considering why you want to learn this.
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What if your client was a restaurant?
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What would you want to need to know?
Restaurant Lawyer: What'd You Study?
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If you were a restaurant's lawyer:
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Probably three areas of law you'd focus on:
- building codes.
- health and safety regulations.
- tax regulations.
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Who would want to hear from?
Restaurant Lawyer: What'd You Study?
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Figure out the motivations behind the building code: + What parts are arcane and less important to inspectors? + How do inspections work? + What are the penalties?
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Figure out the same for health & safety: + Who inspects, and when? + What's the health code say, and what checklist do inspectors use?
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Is there any way the two interrelate?
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Who is in charge of all this?
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What was the purpose and intent of these regulations?
Why Listen To Us?
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FSF: Understanding the purpose and intent of the GPL.
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Conservancy & FSF:
- both enforce the GPL.
- if your client violates, you will hear from one of us.
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Such access to drafters, interpreters, enforcers is likely highly unique.
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Someday, someone in this room may (or already has) sit across the table from you in negotiations.
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Our transparency does make your job easier.
The Mindset of GPL
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GPL protects software freedom.
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Ultimate goal: make sure every user has the four freedoms.
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Freedom to run the software.
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Freedom to study and modify the software.
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Freedom to share the software.
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Freedom to distribute modified versions.
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Every clause in GPL was designed to uphold one of these freedoms.
- Or, it's a compromise of drafting in adoption vs. freedom debate.
Using Copyright
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GPL is primarily a copyright license.
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Software is copyrighted.
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License grants key freedoms.
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Requirement prohibit activities that take away freedoms.
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General concept: copyleft.
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Specific implementation: GPL.
an original works of authorship fixed in any tangible medium of expression … from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device
— 17 USC \S~102
Conditional Permissions
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A copyleft license grants copyright permissions, conditionally.
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Think of the phrase: “provided that”
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“provided that”: appears (in some form) only
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4 times in GPLv2
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9 times in GPLv3.
Compare To Proprietary Licenses
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Yes, the GPL has its requirements.
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But none of these activities are ever permitted under proprietary licenses.
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If you don't like what the GPL requires you to do, then just tell your client to use the proprietary software instead.
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That way, they know the answer to every question is “no&;rdquo,
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rather than: “yes, but only as long as you …”