Changeset - 1dd7d7b4cc56
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donaldr3 - 10 years ago 2014-03-21 20:50:11
donald@copyrighteous.office.fsf.org
the gpl and restriction/condition
1 file changed with 3 insertions and 3 deletions:
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gpl-lgpl.tex
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@@ -1546,53 +1546,53 @@ affects the license of the new whole derivative work.
 
% {\cal I}
 
\newcommand{\gplusi}{$\mathcal{G\!\!+\!\!I}$}
 
\newcommand{\worki}{$\mathcal{I}$}
 
\newcommand{\workg}{$\mathcal{G}$}
 

	
 
\label{separate-and-independent}
 

	
 
It is certainly possible to take an existing independent work (called
 
\worki{}) and combine it with a GPL'd program (called \workg{}).  The
 
license of \worki{}, when it is distributed as a separate and independent
 
work, remains the prerogative of the copyright holder of \worki{}.
 
However, when \worki{} is combined with \workg{}, it produces a new work
 
that is the combination of the two (called \gplusi{}). The copyright of
 
this combined work, \gplusi{}, is held by the original copyright
 
holder of each of the two works.
 

	
 
In this case, GPLv2~\S2 lays out the terms by which \gplusi{} may be
 
distributed and copied.  By default, under copyright law, the copyright
 
holder of \worki{} would not have been permitted to distribute \gplusi{};
 
copyright law forbids it without the expressed permission of the copyright
 
holder of \workg{}. (Imagine, for a moment, if \workg{} were a proprietary
 
product --- would its copyright holders  give you permission to create and distribute
 
\gplusi{} without paying them a hefty sum?)  The license of \workg{}, the
 
GPL, states the  options for the copyright holder of \worki{}
 
who may want to create and distribute \gplusi{}.  GPL's pre-granted
 
who may want to create and distribute \gplusi{}. The  GPL's pre-granted
 
permission to create and distribute derivative works, provided the terms
 
of GPL are upheld, goes far above and beyond the permissions that one
 
of the GPL are upheld, goes far above and beyond the permissions that one
 
would get with a typical work not covered by a copyleft license.  (Thus, to
 
say that this restriction is any way unreasonable is simply ludicrous.)
 
say that this condition is any way unreasonable is simply ludicrous.)
 

	
 
\medskip
 

	
 
\label{GPLv2s2-at-no-charge}
 
The next phrase of note in GPLv2~\S2(b) is ``licensed \ldots at no charge.''
 
This phrase  confuses many.  The sloppy reader points out this as ``a
 
contradiction in GPL'' because (in their confused view) that clause of GPLv2~\S2 says that redistributors cannot
 
charge for modified versions of GPL'd software, but GPLv2~\S1 says that
 
they can.  Avoid this confusion: the ``at no charge'' \textbf{does not} prohibit redistributors from
 
charging when performing the acts governed by copyright
 
law,\footnote{Recall that you could by default charge for any acts not
 
governed by copyright law, because the license controls are confined
 
by copyright.} but rather that they cannot charge a fee for the
 
\emph{license itself}.  In other words, redistributors of (modified
 
and unmodified) GPL'd works may charge any amount they choose for
 
performing the modifications on contract or the act of transferring
 
the copy to the customer, but they may not charge a separate licensing
 
fee for the software.
 

	
 
GPLv2~\S2(b) further states that the software must ``be licensed \ldots to all
 
third parties.''  This too yields some confusion, and feeds the
 
misconception mentioned earlier --- that all modified versions must made
 
available to the public at large.  However, the text here does not say
 
that.  Instead, it says that the licensing under terms of the GPL must
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