From 7cd4b2d7f4cdced2b4858d691c65ab8581575199 2014-03-19 15:13:26 From: Free Software Foundation, Inc Date: 2014-03-19 15:13:26 Subject: [PATCH] Relevant text from FSF's "Opinion on BitTorrent Propagation", as published circa late 2006-07 (around time of GPLv3 Second Discussion Draft) I (Bradley M. Kuhn) carefully went through FSF's "Opinion on BitTorrent Propagation", which appears to have been published on Wednesday 2 August 2006 (a few days after the second GPLv2 discussion draft published on Thursday 27 July 2006), and merged in any relevant text and descriptions that might be of use in this tutorial. The raw material used for this commit can be found here: http://gplv3.fsf.org/opinions-draft-2.html Specifically, a copy of the LaTeX sources are here: http://gplv3.fsf.org/bittorrent-dd2.tex As I merged in this text, I added FIXME's where it seemed the text was incomplete or referred to parts of GPLv3 draft text that disappeared in later versions. Finally, note that this material was originally copyrighted and licensed as follows: Copyright © 2006 Free Software Foundation, Inc. Verbatim copying and distribution of this entire article are permitted worldwide, without royalty, in any medium, provided this notice, and the copyright notice, are preserved. However, I am hereby relicensing this material to CC-By-SA-4.0, with the verbal permission from John Sullivan, Executive Director of the FSF, which was given to me during a conference call on Wednesday 12 February 2014. --- diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 8b2f9b90f41fddd77ef317b7333de0f849ac74e5..cc741f32b0815569dfbcb00a9c9e2080f213ebc4 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2711,6 +2711,56 @@ use. % FIXME: 7d-f +\section{GPLv3~\S7(e): Peer-to-Peer Sharing Networks} + +% FIXME: rewrite a bit, maybe drop reference to bitorrent? + +Certain decentralized forms of peer-to-peer file sharing present a challenge +to the unidirectional view of distribution that is implicit in GPLv2 and +Draft 1 of GPLv3. It is neither straightforward nor reasonable to identify +an upstream/downstream link in BitTorrent distribution; such distribution is +multidirectional, cooperative and anonymous. In systems like BitTorrent, +participants act both as transmitters and recipients of blocks of a +particular file, but they see themselves as users and receivers, and not as +distributors in any conventional sense. At any given moment of time, most +peers will not have the complete file. + +% FIXME: rewrite a bit. + +The GPL permits distribution of a work in object code form over a network, +provided that the distributor offers equivalent access to copy the +Corresponding Source Code ``in the same way through the same place.'' This +wording might be interpreted to permit BitTorrent distribution of binaries if +they are packaged together with the source code, but this impractical, for at +least two reasons. First, even if the source code is packaged with the +binary, it will only be available to a non-seeding peer at the end of the +distribution process, but the peer will already have been providing parts of +the binary to others in the network, functioning rather like a router or a +cache proxy. Second, in practice BitTorrent and similar peer-to-peer forms +of transmission have been less suitable means for distributing source code. +In large distributions, packaging source code with the binary may result in a +substantial increase in file size and transmission time. Source code +packages themselves tend not to be transmitted through BitTorrent owing to +reduced demand. There generally will be too few participants downloading the +same source package at the same time to enable effective seeding and +distribution. + +% FIXME: rewrite a bit. + +We have made two changes that recognize and facilitate distribution of +covered works in object code form using BitTorrent or similar peer-to-peer +methods. First, under new subsection 6e, if a licensee conveys such a work +using peer-to-peer transmission, that licensee is in compliance with section +6 so long as the licensee knows, and informs other peers where, the object +code and its Corresponding Source are publicly available at no charge under +subsection 6d. The Corresponding Source therefore need not be provided +through the peer-to-peer system that was used for providing the binary. +Second, we have revised section 9 to make clear that ancillary propagation of +a covered work that occurs as part of the process of peer-to-peer file +transmission does not require acceptance, just as mere receipt and execution +of the Program does not require acceptance. Such ancillary propagation is +permitted without limitation or further obligation. + % FIXME: removing additional restrictions % FIXME: probably mostly still right, needs some updates, though.