Copyleft/guide Changeset - 79405042169b

Changeset - 79405042169b

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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 22:57:14
bkuhn@ebb.org

Finish section.

1 file changed with 15 insertions and 10 deletions:

gpl-lgpl.tex

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gpl-lgpl.tex

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 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.
 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.
 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.
 Careful readers of the GPL have suggested that its explicit prohibition
 against imposition of further restrictions\footnote{GPLv2, section 6; Draft
 , 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

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