diff --git a/GPL-Business/ChangeLog b/GPL-Business/ChangeLog index 34fab1cf8de9360b6b2386e92b1fff336f2497a7..987a1549bcfa60282f4f5f8f69be5037e8446521 100644 --- a/GPL-Business/ChangeLog +++ b/GPL-Business/ChangeLog @@ -15,6 +15,7 @@ Wrote section. (section{GPL \S 8: Excluding Unfreedonia}): Wrote section. Maded changes based on novalis' feedback. + (chapter{Odds, Ends, and Absolutely No Warranty}): Wrote chapter. 2003-05-28 Bradley M. Kuhn diff --git a/GPL-Business/gpl-business.tex b/GPL-Business/gpl-business.tex index 2266e6016bdf1831be1ee03ef868e8d6da29c760..ce5105031c6f3843fee4aaa01f0330d98270d9a9 100644 --- a/GPL-Business/gpl-business.tex +++ b/GPL-Business/gpl-business.tex @@ -1233,31 +1233,66 @@ free without otherwise negating parts of the license. %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% \chapter{Odds, Ends, and Absolutely No Warranty} -\section{GPL \S 9} +\S 0--7 constitute the freedom-defending terms of the GPL. The balance +of the GPL handles administrivia and issues concerning warranties and +liability. + +\section{GPL \S 9: FSF as stewards of GPL} \label{GPLs9} -\section{GPL \S 10} +FSF reserves the exclusive right to publish future versions of the GPL\@; +\S 9 expresses this. While the stewardship of the copyrights on the body +of GPL'ed software around the world is shared among thousands of +individuals and organizations, the license itself needs a single steward. +Forking of the code is often regrettable but basically innocuous. Forking +of licensing is disastrous. + +FSF has only released two versions of GPL --- in 1989 and 1991. GPL, +version 3, is under current internal drafting. FSF's plan is to have a +long and engaging comment period. The goal of GPL is defend freedom, and +a gigantic community depends on that freedom now. FSF hopes to take all +stakeholders' opinions under advisement. + +\section{GPL \S 10: Relicensing Permitted} \label{GPLs10} -\section{GPL \S 11} +\S 10 reminds the licensee of what is already implied by the nature of +copyright law. Namely, the copyright holder of a particular software +program has the prerogative to grant alternative agreements under separate +copyright licenses. + +\section{GPL \S 11: No Warranty} \label{GPLs11} -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 placing it in bold or caps 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." +With \S 11, the boilerplate language of all copyright licenses begins. +Sometimes, companies are concerned that there is no default warranty on +GPL'ed software. However, nearly all proprietary software licensing +agreements disclaim warranty as well. -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.). +All warranty disclaimer language tends to be shouted in all capital +letters. Apparently, there was once a case where the disclaimer language +of an agreement was negated because it was not ``conspicuous'' to one of +the parties. Therefore, to make such language ``conspicuous'', people +started placing it in bold or capitalizing the entire text. It now seems +to be voodoo tradition of warranty disclaimer writing. + +Finally, one important point to remember when reading \S 11 is that \S 1 +permits the sale of warranty as an additional service, which \S 11 +affirms. \section{GPL, \S 12} \label{GPLs12} +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, as we have in \S 12. +\S 11 thus gets rid of all implied warranties that can legally be +disavowed. \S 12, in turn, limits the liability of the actor for any +warranties that cannot legally be disclaimed in a particular jurisdiction. + +So ends the terms and conditions of the GNU General Public License. + + %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% \chapter{Integrating the GPL into Business Practices}