Changeset - 0f7458a82b25
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Bradley M. Kuhn - 21 years ago 2003-05-29 20:16:16
bkuhn@fsf.org
* Wrote about GPL Section 9, 10, 11, and 12
2 files changed with 50 insertions and 14 deletions:
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GPL-Business/ChangeLog
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@@ -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  <bkuhn@fsf.org>
 

	
GPL-Business/gpl-business.tex
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@@ -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}
 

	
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