Changeset - 95ff20c42029
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Mike Linksvayer (mlinksva) - 10 years ago 2014-11-16 15:37:45
ml@gondwanaland.com
"rather bulk term" -> "rather bulky term"
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gpl-lgpl.tex
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@@ -2603,97 +2603,97 @@ Second, ``propagate'' helps globalize GPL in its wording and effect:
 
copyright statutes.  A term like ``distribute'' (or its equivalent in
 
languages other than English) is also used in several national copyright
 
statutes.  Practical experience with GPLv2 revealed the awkwardness of using
 
the term ``distribution'' in a license intended for global use: the scope of
 
``distribution'' in the copyright context can differ from country to country.
 
The GPL never necessarily intended the specific meaning of ``distribution''
 
that exists under USA (or any other country's) copyright law.
 

	
 
Indeed, even within a single country and language, the term distribution may
 
be ambiguous; as a legal term of art, distribution varies significantly in
 
meaning among those countries that recognize it.  For example, comments
 
during GPLv3's drafting process indicated that in at least one country,
 
distribution may not include network transfers of software but may include
 
interdepartmental transfers of physical copies within an organization.
 
Meanwhile, the copyright laws of many countries, as well as certain
 
international copyright treaties, recognize ``making available to the
 
public'' or ``communication to the public'' as one of the exclusive rights of
 
copyright holders.
 

	
 
Therefore, the GPLv3 defines the term ``propagate'' by reference to activities
 
that require permission under ``applicable copyright law'', but excludes
 
execution and private modification from the definition.  GPLv3's definition
 
also 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.
 

	
 
Thus, propagation is defined by behavior, and not by categories drawn from
 
some particular national copyright statute.  This helps not only with
 
internationalization, but also factually-based terminology aids in
 
developers' and users' understanding of the GPL\@.
 

	
 
As a further benefit, because ``propagation'' includes all
 
exclusive rights granted under any particular copyright regime, the term
 
automatically  accounts for all exclusive rights under that regime.
 

	
 
\subsection{Convey}
 

	
 
Next, GPLv3 defines a subset of propagate --- ``convey''.
 
Conveying includes activities that constitute propagation of copies to
 
others.  As with the definition of propagate, GPLv3 thus addresses transfers
 
of copies of software in behavioral rather than statutory terms.  
 
Any propagation that enables other parties to receive or make copies of the
 
work, is called ``conveying''.  Usually, conveying is the activity that
 
triggers most of the other obligations of GPLv3.
 

	
 
\subsection{Appropriate Legal Notices}
 

	
 
GPLv2 used the term ``appropriate copyright notice and disclaimer of
 
warranty'' in two places, which is a rather bulk term.  Also, experience with
 
warranty'' in two places, which is a rather bulky term.  Also, experience with
 
GPLv2 and other licenses that grant software freedom showed throughout the
 
1990s that the scope of types of notices that need preservation upon
 
conveyance were more broad that merely the copyright notices.  The
 
Appropriate Legal Notice definition consolidates the material that GPLv2
 
traditionally required preserved into one definition.
 

	
 
\subsection{Other Defined Terms}
 

	
 
Note finally that not all defined terms in GPLv3 appear in GPLv3~\S0.
 
Specifically, those defined terms that are confined in use to a single
 
section are defined in the section in which they are used, and GPLv3~\S1
 
contains those definitions focused on source code.  In this tutorial, those
 
defined terms are discussed in the section where they are defined and/or
 
used.
 

	
 
\section{GPLv3~\S1: Understanding CCS}
 
\label{GPLv3s1}
 

	
 
Ensuring that users have the source code to the software they receive and the
 
freedom to modify remains the paramount right embodied in the Free Software
 
Definition (found in \S~\ref{Free Software Definition} of this tutorial).  As
 
such, GPLv3~\S1 is likely one of the most important sections of GPLv3, as it
 
contains all the defined terms related to this important software freedom.
 

	
 
\subsection{Source Code Definition}
 

	
 
First, GPLv3~\S1 retains GPLv2's definition of ``source code'' and adds an
 
explicit definition of ``object code'' as ``any non-source version of a
 
work''.  Object code is not restricted to a narrow technical meaning and is
 
understood broadly to include any form of the work other than the preferred
 
form for making modifications to it.  Object code therefore includes any kind
 
of transformed version of source code, such as bytecode or minified
 
Javascript.  The definition of object code also ensures that licensees cannot
 
escape their obligations under the GPL by resorting to shrouded source or
 
obfuscated programming.
 

	
 
\subsection{CCS Definition}
 
\label{CCS Definition}
 

	
 
The definition of CCS,\footnote{Note that the preferred term for those who
 
  work regularly with both GPLv2 and GPLv3 is ``Complete Corresponding
 
  Source'', abbreviated to ``CCS''.  Admittedly, the word ``complete'' no
 
  longer appears in GPLv3 (which uses the word ``all'' instead).  However,
 
  both GPLv2 and the early drafts of GPLv3 itself used the word ``complete'',
 
  and early GPLv3 drafts even called this defined term ``Complete
 
  Corresponding Source''.  Meanwhile, use of the acronym ``CCS'' (sometimes,
 
  ``C\&CS'') was so widespread among GPL enforcers that its use continues
 
  even though GPLv3-focused experts tend to say just the defined term of
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