Changeset - 0ffabed0e0e6
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 00:30:49
bkuhn@ebb.org
I still love to write texit.
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gpl-lgpl.tex
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@@ -2923,49 +2923,49 @@ device that included it.  (This strategy is not unlike that used in LGPLv2.1
 
to enable users to link proprietary programs to modified libraries.)
 

	
 
% FIXME-LATER: LGPLv2.1 section should talk about this explicitly and this
 
%              should be a forward reference here
 

	
 
\subsubsection{User Products}
 

	
 
\label{user-product}
 

	
 
The scope of these requirements are narrow.  GPLv3~\S6 introduces the concept
 
of a ``User Product'', which includes devices that are sold for personal,
 
family, or household use.  Distributors are only required to provide
 
Installation Information when they convey object code in a User Product.
 

	
 
In brief, the right to convey object code in a defined class of ``User
 
Products,'' under certain circumstances, on providing whatever information is
 
required to enable a recipient to replace the object code with a functioning
 
modified version.
 

	
 
This was a compromise that was difficult for the FSF to agree to during the
 
GPLv3 drafting process.  However, companies and governments that use
 
specialized or enterprise-level computer facilities reported that they
 
actually \textit{want} their systems not to be under their own control.
 
Rather than agreeing to this as a concession, or bowing to pressure, they ask
 
for this as a \texit{preference}.  It is not clear that GPL should interfere
 
for this as a \textit{preference}.  It is not clear that GPL should interfere
 
here, since the main problem lies elsewhere.
 

	
 
While imposing technical barriers to modification is wrong regardless of
 
circumstances, the areas where restricted devices are of the greatest
 
practical concern today fall within the User Product definition.  Most, if
 
not all, technically-restricted devices running GPL-covered programs are
 
consumer electronics devices.  Moreover, the disparity in clout between the
 
manufacturers and these users makes it difficult for the users to reject
 
technical restrictions through their weak and unorganized market power.  Even
 
limited to User Products, this provision addresses the fundamental problem.
 

	
 
% FIXME-LATER: link \href to USC 2301
 

	
 
The core of the User Product definition is a subdefinition of ``consumer
 
product'' adapted from the Magnuson-Moss Warranty Act, a federal
 
consumer protection law in the USA found in 15~USC~\S2301: ``any tangible
 
personal property which is normally used for personal, family, or household
 
purposes.''  The USA has had three decades of experience of liberal
 
judicial and administrative interpretation of this definition in a manner
 
favorable to consumer rights.\footnote{The Magnuson-Moss consumer product
 
  definition itself has been influential in the USA and Canada, having been
 
  adopted in several state and provincial consumer protection laws.}
 
Ideally, this body of interpretation\footnote{The FSF, however, was very
 
  clear that incorporation of such legal interpretation was in no way
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