holder'' who decides if a work is licensed under its terms and explains

how the copyright holder might indicate this fact.

A bit more subtly, \S 0 makes an inference that copyright law is the only

system that can restrict the software.  Specifically, it states:

\begin{quote}

Activities other than copying, distribution and modification are not

covered by this License; they are outside its scope.

\end{quote}

In essence, the license governs \emph{only} those activities, and all other

activities are unrestricted, provided that no other agreements trump GPLv2

(which they cannot; see Sections~\ref{GPLv2s6} and~\ref{GPLv2s7}).  This is

very important, because the Free Software community heavily supports

users' rights to ``fair use'' and ``unregulated use'' of copyrighted

material.  GPLv2 asserts through this clause that it supports users' rights

to fair and unregulated uses.

Fair use (called ``fair dealing'' in some jurisdictions) of copyrighted

material is an established legal doctrine that permits certain activities

regardless of whether copyright law would other restrict those activities.

Discussion of the various types of fair use activity are beyond the scope of

this tutorial.  However, one important example of fair use is the right to

quote portions of the text in larger work so as to criticize or suggest

changes.  This fair use rights is commonly used on mailing lists when

discussing potential improvements or changes to Free Software.

Fair use is a doctrine established by the courts or by statute.  By

contrast, unregulated uses are those that are not covered by the statue

nor determined by a court to be covered, but are common and enjoyed by

many users.  An example of unregulated use is reading a printout of the

program's source code like an instruction book for the purpose of learning

how to be a better programmer.  The right to read something that you have

access is and should remain unregulated and unrestricted.

\medskip

Thus, the GPLv2 protects users fair and unregulated use rights precisely by

not attempting to cover them.  Furthermore, the GPLv2 ensures the freedom

to run specifically by stating the following:

\begin{quote}

''The act of running the Program is not restricted.''

\end{quote}

Thus, users are explicitly given the freedom to run by \S 0.

\medskip

The bulk of \S 0 not yet discussed gives definitions for other terms used

throughout.  The only one worth discussing in detail is ``work based on

not for the definition itself, which is rather straightforward, but

because it clears up a common misconception about the GPL\@.

The GPL is often mistakenly criticized because it fails to give a

problematic if the GPL attempted to define this.  A copyright license, in

fact, has no control over what may or may not be a derivative work.  This

It is certainly true that copyright law as a whole does not propose clear

and straightforward guidelines for what is and is not a derivative

software work under copyright law.  However, no copyright license --- not

even the GNU GPL --- can be blamed for this.  Legislators and court

opinions must give us guidance to decide the border cases.

\section{GPLv2 \S 1: Verbatim Copying}

\label{GPLv2s1}

GPLv2 \S 1 covers the matter of redistributing the source code of a program

exactly as it was received. This section is quite straightforward.

However, there are a few details worth noting here.

The phrase ``in any medium'' is important. This, for example, gives the

freedom to publish a book that is the printed copy of the program's source

code. It also allows for changes in the medium of distribution. Some

vendors may ship Free Software on a CD, but others may place it right on

the hard drive of a pre-installed computer. Any such redistribution media

is allowed.

Preservation of copyright notice and license notifications are mentioned

specifically in \S 1. These are in some ways the most important part of

the redistribution, which is why they are mentioned by name. The GPL

always strives to make it abundantly clear to anyone who receives the

software what its license is. The goal is to make sure users know their

rights and freedoms under GPL, and to leave no reason that someone would be

surprised the software she got was licensed under GPL\@. Thus

throughout the GPL, there are specific references to the importance of

notifying others down the distribution chain that they have rights under

GPL.

Also mentioned by name is the warranty disclaimer. Most people today do

not believe that software comes with any warranty. Notwithstanding the

proposed state-level UCITA bills (which have never obtained widespread

adoption), there are few or no implied warranties with software.

However, just to be on the safe side, GPL clearly disclaims them, and the

GPL requires redistributors to keep the disclaimer very visible. (See

Sections~\ref{GPLv2s11} and~\ref{GPLv2s12} of this tutorial for more on GPL's

warranty disclaimers.)

Note finally that \S 1 begins to set forth the important defense of

commercial freedom. \S 1 clearly states that in the case of verbatim

copies, one may make money. Redistributors are fully permitted to charge

for the redistribution of copies of Free Software. In addition, they may

provide the warranty protection that the GPL disclaims as an additional

service for a fee. (See Section~\ref{Business Models} for more discussion

on making a profit from Free Software redistribution.)