diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 117a8ba44053e23d6c71261c047c32320b5e058c..c6dec83ba45430019179468538d7f8298462d09b 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -411,14 +411,37 @@ 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 those of FSF and the GNU -Project), this was done due to very careful planning. +copyrighted. + +For some, this is because while it's reasonable to assume that US courts +will recognize abandonment of copyright given a clear enough notice from the +author, that's not necessarily true in all jurisdictions and even if it was, +we don't know what form exactly a dedication should take to convince courts +and prevent confusion or attempted revocations. + +For others, it's because authors feel that enforcing through copyright one or +more license condtions, reasonably chosen to correspond to their wishes, is +another way to create Free Software that everyone benefits from. + +In the case of FSF and the GNU Project, copyrighting and licensing software +was done due to very careful planning. Software released into the public domain does grant freedom to those users who receive the standard versions on which the original author disclaimed copyright. However, since the work is not copyrighted, any nontrivial modification made to the work is copyrightable. +% FIXME: can't this be written better? +% The core intention of copyleft is to keep software from being reused in +% proprietary software. [It's the last - not discussed in the guide? - paragraph +% in GPLv2 and v3; though not part of the legal text, I'd argue it pervades it.] +% This means a lot of things, but it doesn't automatically mean that the public +% domain would disappear otherwise, in the simple sense that what is in the public +% domain remains there. If the argument is that there aren't adequate incentives +% for enlarging it, that's different than saying someone can shrink it. +% If there are serious reasons for thinking one can shrink it, then those +% reasons seem worth discussing separately from the incentives issue. + 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