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+% Brief Introduction to the GNU General Public License
+% Bradley M. Kuhn
+% Monday 24 March 2014
+
+
+# Audience Polls
+
++ My goal here is to move faster or slower based on audience knowledge.
+
++ There are folks in this audience who have worked with this stuff for years,
+ and those who are completely new.
+
++ We want these presentations to be valuable to all of you.
+
++ 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
+
++ Formerly had John's job, Executive Director of FSF, years ago.
+
++ Currently: on Board of Directors of FSF.
+
++ President of Software Freedom Conservancy.
+
+# How These Orgs Relate to GPL?
+
++ FSF
+ + Invented copyleft.
+ + Authors & stewards of the GPL.
+ + Holder of copyrights on many key GNU programs …
+ + … and therefore enforcers of those copyrights.
+
++ 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?
+
++ Materials presented will mix the simple & complex.
+
++ We cannot possibly cover the entire GPL in one hour.
+
++ Discuss: motivations, origins, then a few of GPL's sections.
+
++ I understand the mix of backgrounds in the audience.
+
+# A Restaurant's Lawyer?
+
++ Considering why you want to learn this.
+
++ What if your client was a restaurant?
+
++ What would you want to need to know?
+
+# Restaurant Lawyer: What'd You Study?
+
++ If you were a restaurant's lawyer:
+
++ Probably three areas of law you'd focus on:
+ + building codes.
+ + health and safety regulations.
+ + tax regulations.
+
++ Who would want to hear from?
+
+# Restaurant Lawyer: What'd You Study?
+
++ 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?
+
++ Figure out the same for health & safety:
+ + Who inspects, and when?
+ + What's the health code say, and what checklist do inspectors use?
+
++ Likely Questions:
+ + Who's in charge of all this?
+ + What's purpose and intent of these regulations?
+ + Can I meet the inspectors?
+
+# Why Listen To Us?
+
++ FSF: Understanding the purpose and intent of the GPL.
+
++ Conservancy & FSF:
+ + both enforce the GPL.
+ + if your client violates, you will hear from one of us.
+
++ Such access to drafters, interpreters, enforcers is highly unique.
+
++ Someday, we may (or already have) sit across the table from you.
+
++ Our transparency does make your job easier.
+
+# The Mindset of GPL
+
++ GPL protects software freedom.
+
++ Ultimate goal: make sure every user has the four freedoms.
+ + Freedom to run the software.
+ + Freedom to study and modify the software.
+ + Freedom to share the software.
+ + Freedom to distribute modified versions.
+
++ 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
+
++ GPL is primarily a copyright license.
+ + Software is copyrighted.
+ + License grants key freedoms.
+ + Requirement prohibit activities that take away freedoms.
+
++ General concept: copyleft.
+
++ Specific implementation: GPL.
+
+
+
+
+
+> Copyright protection subsists … 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 §102
+
+
+
+# Conditional Permissions
+
++ A copyleft license grants copyright permissions, conditionally.
+
++ Think of the phrase: “provided that”
+
++ “provided that”: appears (in some form) only
+
++ 4 times in GPLv2
+
++ 9 times in GPLv3.
+
+# Compare To Proprietary Licenses
+
++ Yes, the GPL has its requirements.
+
++ But *none* of these activities are ever permitted under proprietary
+ licenses.
+
++ If you don't like what the GPL requires you to do, then just tell your
+ client to use the proprietary software instead.
+
++ That way, they know the answer to every question is “no”
+
++ rather than: “yes, but only as long as you …”
+
+# The Technical Gap
+
++ Understanding GPL well requires a some software expertise & legal
+ expertise.
+
++ You don't have to be a professional on either side to grok it.
+ + but you're best off if you're a professional in one & an amateur
+ in the other.
+
++ Most important technical concepts you need:
+ + source code, binaries, methods of distribution.
+
+# Considering Sections of the GPL
+
++ With the remaining time …
+ + in interest of the experts in the audience …
+ + let's dig into a few specific sections.
+
++ GPL ♥ 17 USC§106(2) & 17 USC§106(3)
+
++ Modification and distribution.
+
+# Why Permission to Modify?
+
++ Your new copyrights are your copyrights:
+ + you are affixing it in a tangible medium.
+
++ Exclusive right of copyright holders:
+ + Control on “preparation of derivative works”
+ + Distribution of the work.
+ + Note the combination of these.
+
++ Again, see 17 USC§106
+
++ N.B.: “derivative works” is USA-centric, modify is more international)
+
+# Modification As a Center Provision
+
++ GPL's primary copyright hook is copyright controls on the right to modify.
+
++ GPL's central tenant:
+
++ You can make a modified version of various types privately as much as you'd like.
+
++ When you distribute that modified version, you have requirements to meet.
+
++ Technological considerations dictate necessity of more complex rules for
+certain types of modifications.
+
+# GPLv2 § 2(a-b)
+
+
+[GPLv2§]2. 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:
+
+
+a) You must cause the modified files to carry prominent notices stating
+that you changed the files and the date of any change.
+
+
+b) 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.
+
+
+
+# GPLv3§5(a-c)
+
+
+
+You may convey a work based on the Program, or the modifications to
+produce it from the Program, in the form of source code under the
+terms of section 4, provided that you also meet all of these conditions:
+
+
+a) The work must carry prominent notices stating that you modified it, and
+giving a relevant date.
+
+
+b) The work must carry prominent notices stating that it is released under
+this License and any conditions added under section 7. This requirement
+modifies the requirement in section 4 to "keep intact all notices".
+
+
+c) You must license the entire work, as a whole, under this License to anyone
+who comes into possession of a copy. This License will therefore apply,
+along with any applicable section 7 additional terms, to the whole of the
+work, and all its parts, regardless of how they are packaged. This License
+gives no permission to license the work in any other way, but it does not
+invalidate such permission if you have separately received it.
+
+
+
+# GPLv2§2¶ penultimates
+
+
+
+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.
+
+
+
+
+# GPLv3 §0 ¶1-5
+
+
+ "Copyright" also means copyright-like laws that apply to other kinds of
+works, such as semiconductor masks.
+
+
+ "The Program" refers to any copyrightable work licensed under this
+License. Each licensee is addressed as "you". "Licensees" and
+"recipients" may be individuals or organizations.
+
+
+To "modify" a work means to copy from or adapt all or part of the work
+in a fashion requiring copyright permission, other than the making of an
+exact copy. The resulting work is called a "modified version" of the
+earlier work or a work "based on" the earlier work.
+
+
+ A "covered work" means either the unmodified Program or a work based
+on the Program.
+
+
+# Binaries (Object Code) are Modifications
+
++ Software that the computer understands is different than software humans
+ read.
+
++ There is often a process required to modify (and/or translate) the software
+ from human-readable
+ + This process can be done ahead of time.
+
++ Separation of source and binary was the first way proprietary software
+ companies discovered to subjugate users.
+ + GPL uses the fact that binaries are modifications (which are often
+ distribution) to prevent that subjugation.
+
+# GPLv2 § 3(a-b)
+
+
+
+
[GPLv2§]3. 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:
+
+
+a) 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,
+
+
+b) 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;
+
+
+
+# GPLv3 § 6(a-b)
+
+
+
+[GPLv3 § ] 6. Conveying Non-Source Forms.
+
+
+You may convey a covered work in object code form under the terms
+of sections 4 and 5, provided that you also convey the
+machine-readable Corresponding Source under the terms of this License,
+in one of these ways:
+
+
+a) Convey the object code in, or embodied in, a physical product
+(including a physical distribution medium), accompanied by the
+Corresponding Source fixed on a durable physical medium
+customarily used for software interchange.
+
+
+b) Convey the object code in, or embodied in, a physical product
+(including a physical distribution medium), accompanied by a
+written offer, valid for at least three years and valid for as
+long as you offer spare parts or customer support for that product
+model, to give anyone who possesses the object code either (1) a
+copy of the Corresponding Source for all the software in the
+product that is covered by this License, on a durable physical
+medium customarily used for software interchange, for a price no
+more than your reasonable cost of physically performing this
+conveying of source, or (2) access to copy the
+Corresponding Source from a network server at no charge.
+
+
+
+# GPLv3 § 1 ¶ 1, 4-6
+
+
+
+The "source code" for a work means the preferred form of the work
+for making modifications to it. "Object code" means any non-source
+form of a work.
+
+
+The "Corresponding Source" for a work in object code form means all the
+source code needed to generate, install, and (for an executable work) run the
+object code and to modify the work, including scripts to control those
+activities. However, it does not include the work's System Libraries, or
+general-purpose tools or generally available free programs which are used
+unmodified in performing those activities but which are not part of the work.
+For example, Corresponding Source includes interface definition files
+associated with source files for the work, and the source code for shared
+libraries and dynamically linked subprograms that the work is specifically
+designed to require, such as by intimate data communication or control flow
+between those subprograms and other parts of the work.
+
+
+The Corresponding Source need not include anything that users
+can regenerate automatically from other parts of the Corresponding
+Source.
+
+
+The Corresponding Source for a work in source code form is that
+same work.
+
+
+
+
+# The GPL is a Complex Topic
+
++ An in-depth seminar on GPL's provisions is a one-day course …
+ + … but the written materials discuss every section in depth.
+
++ Keep in mind: every requirement has a carefully considered purpose to
+ uphold freedom of users.
+
++ Software freedom licenses have a moral perspective.
+ + This is probably the most difficult thing for lawyers to understand.