Changeset - 3465a2dd60f7
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 16:35:55
bkuhn@ebb.org
Rewrite this paragraph to fit the tutorial.
1 file changed with 6 insertions and 9 deletions:
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gpl-lgpl.tex
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@@ -2677,105 +2677,102 @@ similar laws.  Lawyers outside the USA worried that a USA statutory reference
 
could be read as indicating a choice for application of USA law to the
 
license as a whole.  While the FSF did not necessarily agree with that view,
 
the FSF decided anyway to refer to the WIPO treaty rather than DMCA, since
 
several national anticircumvention laws were (or will likely be) structured
 
more similarly to the anticircumvention provisions of the DMCA in their
 
implementation of WIPO\@.  Furthermore, the addition of ``or similar laws''
 
provides an appropriate catch-all.
 

	
 
Furthermore, GPLv3\S3\P2 states precisely that a conveying party waives the
 
power to forbid circumvention of technological measures only to the extent
 
that such circumvention is accomplished through the exercise of GPL rights in
 
the conveyed work.  GPLv3\S3\P2 makes clear that the referenced ``legal
 
rights'' are specifically rights arising under anticircumvention law.  and
 
refers to both the conveying party's rights and to third party rights, as in
 
some cases the conveying party will also be the party legally empowered to
 
enforce or invoke rights arising under anticircumvention law.
 

	
 
These disclaimers by each licensor of any intention to use GPL'd software to
 
stringently control access to other copyrighted works should effectively
 
prevent any private or public parties from invoking DMCA-like laws against
 
users who escape technical restriction measures implemented by GPL'd
 
software.
 

	
 
\section{GPLv3~\S4: Verbatim Copying}
 
\label{GPLv3s4}
 

	
 
GPLv3~\S4 is a revision of GPLv2\~S1 (as discussed in \S~\ref{GPLv2s1} of
 
this tutorial).   There is almost no changes to this section from the
 
GPLv2\~S1, other than to use the new defined terms.
 

	
 
The only notable change of ``a fee'' to ``any price or no price'' in the
 
first sentence of GPLv3\S4\P2.  The GPLv2\S1\P1 means that the GPL permits
 
one to charge money for the distribution of software.  Despite efforts by
 
copyleft advocates to explain this in GPLv2 itself and in other documents,
 
there are evidently some people who still believe that GPLv2 allows charging
 
for services but not for selling copies of software and/or that the GPL
 
requires downloads to be gratis.  Perhaps this is because GPLv2 referred to
 
charging a ``fee''; the term ``fee'' is generally used in connection with
 
services.
 

	
 
GPLv2's wording also referred to ``the physical act of transferring.''  The
 
intention was to distinguish charging for transfers from attempts to impose
 
licensing fees on all third parties.  ``Physical'' might be read, however, as
 
suggesting ``distribution in a physical medium only''.
 

	
 
To address these two issues, GPLv3 says ``price'' in place of ``fee,'' and
 
removes the term ``physical.''
 

	
 

	
 
%FIXME: what section does this belong in?
 

	
 
Section 4 has been revised from its corresponding section in GPLv2 in light
 
of the new section 7 on license compatibility. A distributor of verbatim
 
copies of the program's source code must obey any existing additional terms
 
that apply to parts of the program. In addition, the distributor is required
 
to keep intact all license notices, including notices of such additional
 
terms.
 
GPLv3~\S4 has also been revised from its corresponding section in GPLv2 in
 
light of the GPLv3~\S7 (see \S~\ref{GPLv3s7} in this tutorial for more).
 
Specifically, a distributor of verbatim copies of the program's source code
 
must obey any existing additional terms that apply to parts of the program
 
pursuant to GPLv3~\S7.  In addition, the distributor is required to keep
 
intact all license notices, including notices of such additional terms.
 

	
 
% FIXME: needs context, needs match up to current text, and removal of stuff
 
%        that's no longer there
 

	
 

	
 
% FIXME: say more and tie it to the text
 

	
 
There is no harm in explicitly pointing out what ought to be obvious: that
 
those who convey GPL-covered software may offer commercial services for the
 
support of that software.
 

	
 
\section{GPLv3~\S5: Modified Source}
 
\label{GPLv3s5}
 

	
 
% FIXME: 5(a) is slightly different in final version
 

	
 
Section 5 contains a number of changes relative to the corresponding section
 
in GPLv2. Subsection 5a slightly relaxes the requirements regarding notice of
 
changes to the program. In particular, the modified files themselves need no
 
longer be marked. This reduces administrative burdens for developers of
 
modified versions of GPL'd software.
 

	
 
Under subsection 5a, as in the corresponding provision of GPLv2, the notices
 
must state ``the date of any change,'' which we interpret to mean the date of
 
one or more of the licensee's changes.  The best practice would be to include
 
the date of the latest change.  However, in order to avoid requiring revision
 
of programs distributed under ``GPL version 2 or later,'' we have retained
 
the existing wording.
 

	
 
% FIXME:  It's now (b) and (c).  Also, ``validity'' of proprietary
 
%         relicensing?  Give me a break.  I'll fix that.
 

	
 
Subsection 5b is the central copyleft provision of the license.  It now
 
states that the GPL applies to the whole of the work.  The license must be
 
unmodified, except as permitted by section 7, which allows GPL'd code to be
 
combined with parts covered by certain other kinds of free software licensing
 
terms. Another change in subsection 5b is the removal of the words ``at no
 
charge,'' which was often misinterpreted by commentators.  The last sentence
 
of subsection 5b explicitly recognizes the validity of disjunctive
 
dual-licensing.
 

	
 
%  FIXME: 5d.  Related to Appropriatey Legal notices
 

	
 

	
 
% follows 5d now, call it the ``final paragraph''
 

	
 
The paragraph following subsection 5c has been revised for clarity, but the
 
underlying meaning is unchanged. When independent non-derivative sections are
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