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\chapter{GPLv3}

\label{GPLv3}

This chapter discussed the text of GPLv3.  Much of this material herein

includes text that was adapted (with permission) from text that FSF

originally published as part of the so-called ``rationale documents'' for the

various discussion drafts of GPLv3.

The FSF ran a somewhat public process to develop GPLv3, and it was the first

attempt of its kind to develop a Free Software license this way.  Ultimately,

RMS was the primary author of GPLv3, but he listened to feedback from all

sorts of individuals and even for-profit companies.  Nevertheless, in

attempting to understand GPLv3 after the fact, the materials available from

the GPLv3 process have a somewhat ``drinking from the firehose'' effect.

This chapter seeks to explain GPLv3 to newcomers, who perhaps are familiar

with GPLv2.

\section{Understanding GPLv3 As An Upgraded GPLv2}

Ultimately, GPLv2 and GPLv3 co-exist as active licenses in regular use.  As

discussed in Chapter\~ref{tale-of-two-copylefts}, GPLv1 was never in regular

use alongside GPLv2.  However, given GPLv2's widespread popularity and

existing longevity by the time GPLv3 was published, it is not surprising that

some licensors have continued to prefer GPLv2-only or GPLv2-or-later as their

preferred license.  GPLv3 has gained major adoption by many projects, old and

new, but many projects have not upgraded due to (in some cases) mere laziness

and (in other cases) policy preference for some of GPLv2's terms.

Given this ``two GPLs'' world is the one we all live in, it makes sense to

consider GPLv3 in terms of how it differs from GPLv2.  Also, most of the best

GPL experts in the world must deal regularly with both licenses, and

admittedly have decades of experience of GPLv2 while the most experience with

GPLv3 that's possible is by default less than a decade.

These two factors usually cause even new students of GPL to start with GPLv2

and move on to GPLv3, and this tutorial follows that pattern.

Overall, the changes made in GPLv3 admittedly \textit{increased} the

complexity of the license.  The FSF stated at the start of the GPLv3 process

that they would have liked to oblige those who have asked for a simpler and

shorter GPL\@.  Ultimately, the FSF gave priority to making GPLv3 do the job

that needs to be done to build a better copyleft.  Obsession for concision

should never trump software freedom.

\section{GPLv3~\S0: Giving In On ``Defined Terms''}

% FIXME: rewrite to FOUR new terms

Section 0 includes definitions of two new terms: ``covered work'' and

``propagate.''  The use of the term ``covered work'' enables some of the

wording in the revised GPL to be simpler and clearer.

% FIXME: rewrite propagate 

The term ``propagate'' serves two purposes.  First, ``propagate'' provides

a simple and convenient means for distinguishing between the kinds of

uses of a work that the GPL imposes conditions on and the kinds of

uses that the GPL does not (for the most part) impose conditions

on.

Second, ``propagate'' furthers our goal of making the license as

global as possible in its wording and effect. When a work is licensed

under the GPL, the copyright law of some particular country will

govern certain legal issues arising under the license. A term like

``distribute,'' or its equivalent in languages other than English, is

used in several national copyright statutes.  The scope of

``distribution'' in the copyright context can differ from country to

country. We do not wish to force on the GPL the specific meaning of

``distribution'' that exists under United States copyright law or any

other country's copyright law.

We therefore define the term ``propagate'' by reference to activities

that require permission under ``applicable copyright law,'' but we

exclude execution and private modification from the definition. Our

definition gives examples of activities that may be included within

``propagation,'' but it also makes clear that, under the copyright laws

of a given country, ``propagation'' may include other activities as well.

% FIXME: paragraph number change , and more on Convey once definition comes.

The third paragraph of section 2 represents another effort to compensate for

variation in national copyright law.  We distinguish between propagation that

enables parties other than the licensee to make or receive copies, and other

forms of propagation.  As noted above, the meaning of ``distribution'' under

copyright law varies from country to country, including with respect to

whether making copies available to other parties (such as related public or

corporate entities) is ``distribution.'' ``Propagation,'' however, is a term

not tied to any statutory language.  Propagation that does not enable other

parties to make or receive copies --- for example, making private copies or

privately viewing the program --- is permitted unconditionally.  Propagation

that does enable other parties to make or receive copies is permitted as

``distribution,'' subject to the conditions set forth in sections 4--6.