\section{GPLv2~\S9: FSF as Stewards of GPL}

\label{GPLv2s9}

FSF reserves the exclusive right to publish future versions of the GPL\@;

GPLv2~\S9 expresses this.  While the stewardship of the copyrights on the body

of GPL'd software around the world is shared among thousands of

individuals and organizations, the license itself needs a single steward.

Forking of the code is often regrettable but basically innocuous.  Forking

of licensing is disastrous.

(Chapter~\ref{tale-of-two-copylefts} discusses more about the various

versions of GPL.)

\section{GPLv2~\S10: Relicensing Permitted}

\label{GPLv2s10}

GPLv2~\S10 reminds the licensee of what is already implied by the nature of

copyright law.  Namely, the copyright holder of a particular software

program has the prerogative to grant alternative agreements under separate

copyright licenses.

\section{GPLv2~\S11: No Warranty}

\label{GPLv2s11}

\href{http://www.law.cornell.edu/ucc/2/2-316}{Uniform Commercial

  Code~\S2-316} requires that disclaimers of warranty be ``conspicuous''.

There is apparently general acceptance that \textsc{all caps} is the

preferred way to make something conspicuous, and that has over decades worked

its way into the voodoo tradition of warranty disclaimer writing.

That said, there is admittedly some authority under USA law suggesting that

capitalization and is absent when a disclaimer has the same typeface as the

terms surrounding it (see \textit{Stevenson v.~TRW, Inc.}, 987 F.2d 288, 296

(5th Cir.~1993)).  While GPLv3's drafters doubted that such authority would

apply to copyright licenses like the GPL, the FSF has nevertheless left

warranty and related disclaimers in \textsc{all caps} throughout all versions

of GPL\@\footnote{One of the authors of this tutorial, Bradley M.~Kuhn, has

  often suggested the aesthetically preferable compromise of a

  \textsc{specifically designed ``small caps'' font, such as this one, as an

    alternative to} WRITING IN ALL CAPS IN THE DEFAULT FONT (LIKE THIS),

  since the latter adds more ugliness than conspicuousness.  Kuhn once

  engaged in reversion war with a lawyer who disagreed, but that lawyer never

  answered Kuhn's requests for case law that argues THIS IS INHERENTLY MORE

  CONSPICUOUS \textsc{Than this is}.}.

Some have argued the GPL is unenforceable in some jurisdictions because

its disclaimer of warranties is impermissibly broad.  However, GPLv2~\S11

contains a jurisdictional savings provision, which states that it is to be

interpreted only as broadly as allowed by applicable law.  Such a

provision ensures that both it, and the entire GPL, is enforceable in any

jurisdiction, regardless of any particular law regarding the

permissibility of certain warranty disclaimers.

Finally, one important point to remember when reading GPLv2~\S11 is that GPLv2~\S1

permits the sale of warranty as an additional service, which GPLv2~\S11 affirms.