Changeset - 0ffabed0e0e6
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 00:30:49
bkuhn@ebb.org
I still love to write texit.
1 file changed with 1 insertions and 1 deletions:
0 comments (0 inline, 0 general)
gpl-lgpl.tex
Show inline comments
...
 
@@ -2899,97 +2899,97 @@ with GPLv3~\S6 if the licensee informs other peers where the object code and
 
its CCS are publicly available at no charge under subsection GPLv3~\S6(d).
 
The CCS therefore need not be provided through the peer-to-peer system that
 
was used for providing the binary.
 

	
 
Second, GPLv3\S9 also clarifies 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-LATER: Would be nice to explain much more about interactions between
 
% the various options of GPLv3~\S6(a-e), which might all be in play at once!
 

	
 
\subsection{User Products, Installation Information and Device Lock-Down}
 

	
 
As discussed in \S~\ref{GPLv3-drm} of this tutorial, GPLv3 seeks thwart
 
technical measures such as signature checks in hardware to prevent
 
modification of GPLed software on a device.
 

	
 
To address this issue, GPLv3~\S6 requires that parties distributing object
 
code provide recipients with the source code through certain means.  When
 
those distributors pass on the CCS, they are also required to pass on any
 
information or data necessary to install modified software on the particular
 
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
 
  intended work as a general choice of USA law for GPLv3.} will guide
 
interpretation of the consumer product subdefinition in GPLv3~\S6, and this
 
will hopefully provide a degree of legal certainty advantageous to device
 
manufacturers and downstream licensees alike.
 

	
 
One well-established interpretive principle under Magnuson-Moss is that
 
ambiguities are resolved in favor of coverage.  That is, in cases where
 
it is not clear whether a product falls under the definition of consumer
 
product, the product will be treated as a consumer product.\footnote{16
 
CFR~\S\ 700.1(a); \textit{McFadden v.~Dryvit Systems, Inc.}, 54
 
UCC~Rep.~Serv.2d 934 (D.~Ore.~2004).}  Moreover, for a given product,
 
``normally used'' is understood to refer to the typical use of that type
 
of product, rather than a particular use by a particular buyer.
 
Products that are commonly used for personal as well as commercial
 
purposes are consumer products, even if the person invoking rights is a
 
commercial entity intending to use the product for commercial
 
purposes.\footnote{16 CFR \S \ 700.1(a).  Numerous court decisions
 
interpreting Magnuson-Moss are in accord; see, e.g., \textit{Stroebner
 
Motors, Inc.~v.~Automobili Lamborghini S.p.A.}, 459 F.~Supp.2d 1028,
 
1033 (D.~Hawaii 2006).}  Even a small amount of ``normal'' personal use
 
is enough to cause an entire product line to be treated as a consumer
 
product under Magnuson-Moss\footnote{\textit{Tandy Corp.~v.~Marymac
 
Industries, Inc.}, 213 U.S.P.Q.~702 (S.D.~Tex.~1981). In this case, the
 
court concluded that TRS-80 microcomputers were consumer products, where
0 comments (0 inline, 0 general)