%% Some have questioned whether section 7 is needed, and some have suggested

%% that it creates complexity that did not previously exist.  We point out to

%% those readers that there is already GPLv2-licensed code that carries

%% additional terms.  One of the objectives of section 7 is to rationalize

%% existing practices of program authors and modifiers by setting clear

%% guidelines regarding the removal and addition of such terms.  With its

%% carefully limited list of allowed additional requirements, section 7

%% accomplishes additional objectives, permitting the expansion of the base of

%% code available for GPL developers, while also encouraging useful

%% experimentation with requirements we do not include in the GPL itself.

\section{GPLv3~\S8: A Lighter Termination}

GPLv2 provided for automatic termination of the rights of a person who

copied, modified, sublicensed, or distributed a work in violation of the

license.  Automatic termination can be too harsh for those who have committed

an inadvertent violation, particularly in cases involving distribution of

large collections of software having numerous copyright holders.  A violator

who resumes compliance with GPLv2 technically needs to obtain forgiveness

from all copyright holders, and even contacting them all might be impossible.

GPLv3~\S8 now grants opportunities for provisional and permanent

reinstatement of rights. The termination procedure provides a limited

opportunity to cure license violations.  If a licensee has committed a

first-time violation of the GPL with respect to a given copyright holder, but

the licensee cures the violation within 30 days following receipt of notice

of the violation, then any of the licensee's GPL rights that have been

terminated by the copyright holder are ``automatically reinstated''.

Finally, if a licensee violates the GPL, a contributor may terminate any

patent licenses that it granted under GPLv3~\S11, in addition to any

copyright permissions the contributor granted to the licensee.

% FIXME-LATER: write more here, perhaps linking up to enforcement

\section{GPLv3~\S9: Acceptance}

GPLv3~\S9 means what it says: mere receipt or execution of code neither

requires nor signifies contractual acceptance under the GPL.  Speaking more

broadly, GPLv3 is intentionally structured as a unilateral grant

of copyright permissions, the basic operation of which exists outside of any

law of contract.  Whether and when a contractual relationship is formed

between licensor and licensee under local law do not necessarily matter to

the working of the license.

\section{GPLv3~\S10: Explicit Downstream License}

% FIXME-LATER: this is a punt: need more time to write!

GPLv3~\S10 ensures that everyone downstream receives licenses from all

copyright holders.  It really is a generally straightforward section.

% FIXME-LATER: link up this paragraph to above sections.

Note, however, GPLv3 removed the words ``at no charge'' from GPLv2~\S2(b) (in

GPLv3,~\S5(b)) because it contributed to a misconception that the GPL did not

permit charging for distribution of copies.  The purpose of the ``at no

charge'' wording was to prevent attempts to collect royalties from third

parties.  The removal of these words created the danger that the imposition

of licensing fees would no longer be seen as a license violation.  Therefore,

GPLv3~\S10 adds a new explicit prohibition on imposition of licensing fees or

royalties.  This section is an appropriate place for such a clause, since it

is a specific consequence of the general requirement that no further

restrictions be imposed on downstream recipients of GPL-covered code.

% FIXME-LATER: This text needs further study before I can conclude it belongs

% in this tutorial:

%% Careful readers of the GPL have suggested that its explicit prohibition

%% against imposition of further restrictions\footnote{GPLv2, section 6; Draft

%%   3, section 10, third paragraph.} has, or ought to have, implications for

%% those who assert patents against other licensees.  Draft 2 took some steps to

%% clarify this point in a manner not specific to patents, by describing the

%% imposition of ``a license fee, royalty, or other charge'' for exercising GPL

%% rights as one example of an impermissible further restriction.  In Draft 3 we

%% have clarified further that the requirement of non-imposition of further

%% restrictions has specific consequences for litigation accusing GPL-covered

%% programs of infringement.  Section 10 now states that ``you may not initiate

%% litigation (including a cross-claim or counterclaim in a lawsuit) alleging

%% that any patent claim is infringed by making, using, selling, offering for

%% sale, or importing the Program (or the contribution of any contributor).''

%% That is to say, a patent holder's licensed permissions to use a work under

%% GPLv3 may be terminated under section 8 if the patent holder files a lawsuit

%% alleging that use of the work, or of any upstream GPLv3-licensed work on

%% which the work is based, infringes a patent.

\section{GPLv3~\S11: Explicit Patent Licensing}

\label{GPLv3s11}

Software patenting is a harmful and unjust policy, and should be abolished;

recent experience makes this all the more evident. Since many countries grant

patents that can apply to and prohibit software packages, in various guises

and to varying degrees, GPLv3 seeks to protect the users of GPL-covered programs

from those patents, while at the same time making it feasible for patent