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
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gpl-lgpl.tex
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@@ -1522,101 +1522,101 @@ derived from'' the GPL'd software, then the requirements of GPLv2~\S2(b)
 
apply.  The GPL invokes its control as a copyright license over the
 
modification of the work in combination with its control over distribution
 
of the work.
 

	
 
The final clause of GPLv2~\S2(b) describes what the licensee must do if she is
 
distributing or publishing a work that is deemed a derivative work under
 
copyright law --- namely, the following:
 
\begin{quote}
 
[The work must] be licensed as a whole at no charge to all third parties
 
under the terms of this License.
 
\end{quote}
 
That is probably the most tightly-packed phrase in all of the GPL\@.
 
Consider each subpart carefully.
 

	
 
The work ``as a whole'' is what is to be licensed. This is an important
 
point that GPLv2~\S2 spends an entire paragraph explaining; thus this phrase is
 
worthy of a lengthy discussion here.  As a programmer modifies a software
 
program, she generates new copyrighted material --- fixing expressions of
 
ideas into the tangible medium of electronic file storage.  That
 
programmer is indeed the copyright holder of those new changes.  However,
 
those changes are part and parcel to the original work distributed to
 
the programmer under GPL\@. Thus, the license of the original work
 
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
 
extend to anyone who might, through the distribution chain, receive a copy
 
of the software.  Distribution to all third parties is not mandated here,
 
but GPLv2~\S2(b) does require redistributors to license the derivative works in
 
a way that extends to all third parties who may ultimately receive a
 
copy of the software.
 

	
 
In summary, GPLv2\ 2(b) says what terms under which the third parties must
 
receive this no-charge license.  Namely, they receive it ``under the terms
 
of this License'', the GPLv2.  When an entity \emph{chooses} to redistribute
 
a derivative work of GPL'd software, the license of that whole 
 
work must be GPL and only GPL\@.  In this manner, GPLv2~\S2(b) dovetails nicely
 
with GPLv2~\S6 (as discussed in Section~\ref{GPLv2s6} of this tutorial).
 

	
 
\medskip
 

	
 
The final paragraph of GPLv2~\S2 is worth special mention.  It is possible and
 
quite common to aggregate various software programs together on one
 
distribution medium.  Computer manufacturers do this when they ship a
 
pre-installed hard drive, and GNU/Linux distribution vendors do this to
 
give a one-stop CD or URL for a complete operating system with necessary
 
applications.  The GPL very clearly permits such ``mere aggregation'' with
 
programs under any license.  Despite what you hear from its critics, the
 
GPL is nothing like a virus, not only because the GPL is good for you and
 
a virus is bad for you, but also because simple contact with a GPL'd
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