Changeset - 4623ebe2ec1c
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 21:24:31
bkuhn@ebb.org
Reword this paragraph that was just moved here.
1 file changed with 8 insertions and 8 deletions:
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gpl-lgpl.tex
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@@ -2552,56 +2552,56 @@ unfortunate restrictions on the freedom to run\footnote{See
 

	
 
GPLv3~\S2\P2 distinguishes between activities of a licensee that are
 
permitted without limitation and activities that trigger additional
 
requirements.  Specifically, GPLv3~\S2\P2 guarantees the basic freedoms of
 
privately modifying and running the program.
 

	
 
Also, GPLv3~\S2\P2 gives an explicit permission for a client to provide a
 
copy of its modified software to a contractor exclusively for that contractor
 
to modify it further, or run it, on behalf of the client.  However, the
 
client can \textit{only} exercise this control over its own copyrighted
 
changes to the GPL-covered program.  The parts of the program it obtained
 
from other contributors must be provided to the contractor with the usual GPL
 
freedoms.  Thus, GPLv3 permits users to convey covered works to contractors
 
operating exclusively on the users' behalf, under the users' direction and
 
control, and to require the contractors to keep the users' copyrighted
 
changes confidential, but \textit{only if} the contractor is limited to acting
 
on the users' behalf (just as the users' employees would have to act).
 

	
 
The strict conditions in this ``contractors provision'' are needed so that it
 
cannot be twisted to fit other activities, such as making a program available
 
to downstream users or customers.  By making the limits on this provision
 
very narrow, GPLv3 ensures that, in all other cases, contractors gets the
 
full freedoms of the GPL that they deserve.
 

	
 
Large enterprise users of free software often contract with non-employee
 
developers, often working offsite, to make modifications intended for
 
the user's private or internal use, and often arrange with other
 
companies to operate their data centers.  Whether GPLv2 permits these
 
activities is not clear and may depend on variations in copyright law.
 
The practices seem basically harmless, so we have decided to make it
 
clear they are permitted.
 

	
 
The FSF was specifically asked to add this ``contractors provisions'' by
 
large enterprise users of Free Software, who often contract with non-employee
 
developers, working offsite, to make modifications intended for the user's
 
private or internal use, and often arrange with other companies to operate
 
their data centers.  Whether GPLv2 permits these activities is not clear and
 
may depend on variations in copyright law in different jurisdictions.  The
 
practices seem basically harmless, so FSF decided to make it clear they are
 
permitted.
 

	
 
GPLv3~\S2's final paragraph includes an explicit prohibition of sublicensing.
 
This provision ensures that GPL enforcement is always by the copyright
 
holder.  Usually, sublicensing is regarded as a practical convenience or
 
necessity for the licensee, to avoid having to negotiate a license with each
 
licensor in a chain of distribution.  The GPL solves this problem in another
 
way --- through its automatic licensing provision found in GPLv3\~S10 (which
 
is discussed in more detail in \S\~ref{GPLv3s10} of this tutorial).
 

	
 
\section{GPLv3's views on DRM and Device Lock-Down}
 
\label{GPLv3-drm}
 

	
 
The issues of DRM, device lock-down and encryption key disclosure were the
 
most hotly debated during the GPLv3 process.  FSF's views on this were sadly
 
frequently misunderstood and, comparing the provisions related to these
 
issues in the earliest drafts of GPLv3 to  the final version of GPLv3 shows
 
the FSF's willingness to compromise on tactical issues to reach the larger
 
goal of software freedom.
 

	
 
Specifically, GPLv3 introduced provisions that respond to the growing
 
practice of distributing GPL-covered programs in devices that employ
 
technical means to restrict users from installing and running modified
 
versions.  This practice thwarts the expectations of developers and users
 
alike, because the right to modify is one of the core freedoms the GPL is
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