Changeset - 6faa16d45750
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 13:34:29
bkuhn@ebb.org
Use \S here.
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gpl-lgpl.tex
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@@ -473,97 +473,97 @@ developers of the kernel named Linux, have chosen to follow this paradigm.
 

	
 
Copyleft is a legal strategy and mechanism to defend, uphold and propagate software
 
freedom. The basic technique of copyleft is as follows: copyright the
 
software, license it under terms that give all the software freedoms, but
 
use the copyright law controls to ensure that all who receive a copy of
 
the software have equal rights and freedom. In essence, copyleft grants
 
freedom, but forbids others to forbid that freedom to anyone else along
 
the distribution and modification chains.
 

	
 
Copyleft is a general concept. Much like ideas for what a computer might
 
do must be \emph{implemented} by a program that actually does the job, so
 
too must copyleft be implemented in some concrete legal structure.
 
``Share and share alike'' is a phrase that is used often enough to explain the
 
concept behind copyleft, but to actually make it work in the real world, a
 
true implementation in legal text must exist. The GPL is the primary
 
implementation of copyleft in copyright licensing language.
 

	
 
\subsection{Software and Non-Copyright Legal Regimes}
 
\label{software-and-non-copyright}
 

	
 
The use, modification and distribution of software, like many endeavors,
 
simultaneously interacts with multiple different legal regimes.  As was noted
 
early via footnotes, copyright is merely the \textit{most common way} to
 
restrict users' rights to copy, share, modify and/or redistribute software.
 
However, proprietary software licenses typically use every mechanism
 
available to subjugate users.  For example:
 

	
 
\begin{itemize}
 

	
 
\item Unfortunately, despite much effort by many in the software freedom
 
  community to end patents that read on software (i.e., patents on
 
  computational ideas), they still ultimately exist.  As such, a software
 
  program might otherwise be seemly unrestricted, but a patent might read on
 
  the software and ruin everything for its users.\footnote{See
 
  \S\S~\ref{gpl-implied-patent-grant},~\ref{GPLv2s7},~\ref{GPLv3s11} for more
 
  discussion on how the patent system interacts with copyleft, and read
 
  Richard M.~Stallman's essay,
 
  \href{http://www.wired.com/opinion/2012/11/richard-stallman-software-patents/}{\textit{Let’s
 
      Limit the Effect of Software Patents, Since We Can’t Eliminate Them}}
 
  for more information on the problems these patents present to society.}
 

	
 
\item Digital Restrictions Management (usually called \defn{DRM}) is often
 
  used to impose technological restrictions on users' ability to exercise
 
  software freedom that they might otherwise be granted\footnote{See
 
    \S~\ref{GPLv3-drm} for more information on how GPL deals with this issue.}.
 
  The simplest (and perhaps oldest) form of DRM, of course, is separating
 
  software source code (read by humans), from their compiled binaries (read
 
  only by computers).  Furthermore,
 
  \href{http://www.law.cornell.edu/uscode/text/17/1201}{17 USC 1201} often
 
  \href{http://www.law.cornell.edu/uscode/text/17/1201}{17 USC~\S1201} often
 
  prohibits users legally from circumventing some of these DRM systems.
 

	
 
\item Most EULAs also include a contractual agreement that bind users further
 
  by forcing them to agree to a contractual, prohibitive software license
 
  before ever even using the software.
 

	
 
\end{itemize}
 

	
 
Thus, most proprietary software restricts users via multiple interlocking
 
legal and technological means.  Any license that truly respect the software
 
freedom of all users must not only grant appropriate copyright permissions,
 
but also \textit{prevent} restrictions from other legal and technological
 
means like those listed above.
 

	
 
\subsection{Non-USA Copyright Regimes}
 
\label{non-usa-copyright}
 

	
 
Generally speaking, copyright law operates similarly enough in countries that
 
have signed the Berne Convention on Copyright, and software freedom licenses
 
have generally taken advantage of this international standardization of
 
copyright law.  However, copyright law does differ from country to country,
 
and commonly, software freedom licenses like GPL must be considered under the
 
copyright law in the jurisdiction where any licensing dispute occurs.
 

	
 
Those who are most familiar with the USA's system of copyright often are
 
surprised to learn that there are certain copyright controls that cannot be
 
waived nor disclaimed.  Specifically, many copyright regimes outside the USA
 
recognize a concept of moral rights of authors.  Typically, moral rights are
 
fully compatible with respecting software freedom, as they are usually
 
centered around controls that software freedom licenses generally respect,
 
such as the right of an authors to require proper attribution for their work.
 

	
 
\section{A Community of Equality}
 

	
 
The previous section described the principles of software freedom, a brief
 
introduction to mechanisms that typically block these freedoms, and the
 
simplest ways that copyright holders might grant those freedoms to their
 
users for their copyrighted works of software.  The previous section also
 
introduced the idea of \textit{copyleft}: a licensing mechanism to use
 
copyright to not only grant software freedom to users, but also to uphold
 
those rights against those who might seek to curtail them.
 

	
 
Copyleft, as defined in \S~\ref{copyleft-definition}, is a general term this
 
mechanism.  The remainder of this text will discuss details of various
 
real-world implementations of copyleft -- most notably, the GPL\@.
 

	
 
This discussion begins first with some general explanation of what the GPL is
 
able to do in software development communities.  After that brief discussion
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