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\hypersetup{pdfinfo={Title={Copyleft and the GNU General Public License: A Comprehensive Tutorial and Guide}}}

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\frontmatter

\begin{titlepage}

\begin{center}

{\Huge

{\sc Copyleft and the  \\

GNU General Public License:

\vspace{.25in}

A Comprehensive Tutorial \\

\vspace{.1in}

and Guide

}}

\vfill

{\parindent 0in

\begin{tabbing}

Copyright \> \copyright{} 2014--2015 \>  Anthony K. Sebro, Jr. \\

Copyright \= \copyright{} 2014 \> Denver Gingerich. \\

Copyright \= \copyright{} 2003--2007, 2014 \>  Free Software Foundation, Inc. \\

Copyright \> \copyright{} 2008, 2014 \>  Software Freedom Law Center. \\

\end{tabbing}

\vspace{.3in}

The copyright holders grant the freedom to copy, modify, convey,

adapt, and/or redistribute this work (except

Appendices~\ref{GPLv2-full-text}--\ref{AGPLv3-full-text}) under the terms of the Creative Commons

Attribution Share Alike 4.0 International License.  A copy of that license is

available at \url{https://creativecommons.org/licenses/by-sa/4.0/legalcode}.

Appendices~\ref{GPLv2-full-text}--\ref{AGPLv3-full-text} include copies of the texts of various licenses published

by the FSF, and they are all licensed under the license, ``Everyone is permitted

to copy and distribute verbatim copies of this license document, but changing

it is not allowed.''.  However, those who seek to make modified versions of

those licenses should note the

\href{https://www.gnu.org/licenses/gpl-faq.html#ModifyGPL}{explanation given in the GPL FAQ}.

\vfill

As a public, collaborative project, this Guide is primarily composed of the

many contributions received via its

\href{https://k.copyleft.org/guide/files/master/CONTRIBUTING.md}{public

  contribution process}.  Please

\href{https://k.copyleft.org/guide/changelog/master/}{review its

  Git logs} for full documentation of all contributions, and

Appendix~\ref{third-party-citation-list}

  contains a list of third-party works from which some material herein was

adapted.

The most recent version is

available online at \url{https://copyleft.org/guide/}.  Patches

are indeed welcome to this material.  Sources can be found in the Git

repository at \url{https://k.copyleft.org/guide/}.

}

\end{center}

\end{titlepage}

\tableofcontents

\chapter{Preface}

This tutorial is the culmination of nearly a decade of studying and writing

about software freedom licensing and the GPL\@.  Each part of this tutorial

infringement claims against the non-GPLv2-compliant party and

infringement of the patent, because the implied patent license only

extends to use of the software in accordance with the GPLv2. Further, if

Company \compB{} distributes a competitive advanced Web browsing program 

that is not a modified version of Company \compA{}'s GPL'd Web browsing software

program, Company \compA{} is free to assert its patent against any user or

distributor of that product. It is irrelevant whether Company \compB's

program is also distributed under the GPLv2, as Company \compB{} can not grant

implied licenses to Company \compA's patent.

This result also reassures companies that they need not fear losing their

proprietary value in patents to competitors through the GPLv2 implied patent

license, as only those competitors who adopt and comply with the GPLv2's

terms can benefit from the implied patent license. To continue the

example above, Company \compB{} does not receive a free ride on Company

\compA's patent, as Company \compB{} has not licensed-in and then

redistributed Company A's advanced Web browser under the GPLv2. If Company

\compB{} does do that, however, Company \compA{} still has not lost

competitive advantage against Company \compB{}, as Company \compB{} must then,

when it re-distributes Company \compA's program, grant an implied license

to any of its patents that cover the program. Further, if Company \compB{}

relicenses an improved version of Company A's program, it must do so under

the GPLv2, meaning that any patents it holds that cover the improved version

are impliedly licensed to any licensee. As such, the only way Company

\compB{} can benefit from Company \compA's implied patent license, is if it,

itself, distributes Company \compA's software program and grants an

implied patent license to any of its patents that cover that program.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Defending Freedom on Many Fronts}

Chapters~\ref{run-and-verbatim} and~\ref{source-and-binary} presented the

core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3.

GPLv2\S\S~4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are

not infringed, are enforceable, are kept to the confines of copyright law but

also not trumped by other copyright agreements or components of other

entirely separate legal systems.  In short, while GPLv2~\S\S0--3 are the parts

of the license that defend the freedoms of users and programmers,

GPLv2~\S\S4--7 are the parts of the license that keep the playing field clear

so that \S\S~0--3 can do their jobs.

\section{GPLv2~\S4: Termination on Violation}

\label{GPLv2s4}

GPLv2~\S4 is GPLv2's termination clause.  Upon first examination, it seems

strange that a license with the goal of defending users' and programmers'

freedoms for perpetuity in an irrevocable way would have such a clause.

However, upon further examination, the difference between irrevocability

The GPL is irrevocable in the sense that once a copyright holder grants

rights for someone to copy, modify and redistribute the software under terms

of the GPL, they cannot later revoke that grant.  Since the GPL has no

provision allowing the copyright holder to take such a prerogative, the

license is granted as long as the copyright remains in effect.\footnote{In

  the USA, due to unfortunate legislation, the length of copyright is nearly

  perpetual, even though the Constitution forbids perpetual copyright.} The

copyright holders have the right to relicense the same work under different

licenses (see Section~\ref{Proprietary Relicensing} of this tutorial), or to

stop distributing the GPLv2'd version (assuming GPLv2~\S3(b) was never used),

but they may not revoke the rights under GPLv2 already granted.

In fact, when an entity loses their right to copy, modify and distribute

GPL'd software, it is because of their \emph{own actions}, not that of the

copyright holder.  The copyright holder does not decide when GPLv2~\S4

termination occurs (if ever); rather, the actions of the licensee determine

that.

Under copyright law, the GPL has granted various rights and freedoms to

the licensee to perform specific types of copying, modification, and

redistribution.  By default, all other types of copying, modification, and

redistribution are prohibited.  GPLv2~\S4 says that if you undertake any of

those other types (e.g., redistributing binary-only in violation of GPLv2~\S3),

then all rights under the license --- even those otherwise permitted for

those who have not violated --- terminate automatically.

GPLv2~\S4 makes GPLv2 enforceable.  If licensees fail to adhere to the

license, then they are stuck without any permission under to engage in

activities covered by copyright law.  They must completely cease and desist

from all copying, modification and distribution of the GPL'd software.

At that point, violating licensees must gain the forgiveness of the copyright

holders to have their rights restored.  Alternatively, the violators could

negotiate another agreement, separate from GPL, with the copyright

holder.  Both are common practice, although

\tutorialpartsplit{as discussed in \textit{A Practical Guide to GPL

    Compliance}, there are }{Chapter~\ref{compliance-understanding-whos-enforcing}

  explains further} key differences between these two very different uses of GPL.

\section{GPLv2~\S5: Acceptance, Copyright Style}

\label{GPLv2s5}

GPLv2~\S5 brings us to perhaps the most fundamental misconception and common

confusion about GPLv2\@. Because of the prevalence of proprietary software,

most users, programmers, and lawyers alike tend to be more familiar with

EULAs. EULAs are believed by their authors to be contracts, requiring

formal agreement between the licensee and the software distributor to be

In short, GPLv2~\S6 says that your license for the software is your one and

only copyright license allowing you to copy, modify and distribute the

software.

GPLv2~\S6 is GPLv2's ``automatic downstream licensing''

provision\footnote{This section was substantially expanded for clarity and

  detail in \hyperref[GPLv3s10]{GPLv3~\S10}.}.  Each time you

redistribute a GPL'd program, the recipient automatically receives a license

from each original licensor to copy, distribute or modify the program subject

to the conditions of the license.  The redistributor need not take any

to ensure the downstream recipient's acceptance of the license terms.

This places every copyright holder in the chain of descent of the code

in legal privity, or direct relationship, with every downstream

redistributor.  Two legal effects follow.  First, downstream parties

who remain in compliance have valid permissions for all actions

(including modification and redistribution) even if their immediate upstream

supplier of the software has been terminated for license

violation\footnote{\label{German-reinstatement-footnote} While this is legally true, as a practical matter, a

  failure of ``complete, corresponding source'' (CCS) provisioning by an

  upstream could make it effectively impossible for a downstream party to

  engage in a commercial redistribution pursuant to

  \hyperref[GPLv2s3]{GPLv2~\S3(a--b)}.  (\S~\ref{upstream} in the Compliance

  Guide portion of this tutorial discussed related details.)}.

Downstream's

licensed rights are not dependent on compliance of their upstream, because

their licenses issue directly from the copyright holder.  Second, automatic

termination cannot be cured by obtaining additional copies from an alternate

supplier: the license permissions emanate only from the original licensors,

and if they have automatically terminated permission, no act by any

intermediate license holder can restore those terminated

rights\footnote{While nearly all attorneys and copyleft theorists are in

  agreement on this point, German copyleft legal expert

  \href{http://www.jbb.de/en/attorneys/till-jaeger/}{Till Jaeger}

  vehemently disagrees.  Jaeger's position is as follows: under German

  copyright law, a new copy of GPL'd software is a ``fresh'' license under

  GPL, and if compliance continues from that point further, the violator's

  permissions under copyright law are automatically restored, notwithstanding

  the strict termination provision in \hyperref[GPLv2s4]{GPLv2~\S4}.

  However, in

  practice, this issue is only salient with regard to \hyperref[Proprietary

    Relicensing]{proprietary relicensing} business models, since other copyright

  holders typically formally restore distributions rights once the only

  remaining compliance issue is ``you lost copyright permission due to

  GPLv2~\S4''.  Therefore, the heated debates, which have raged between

  Jaeger and almost everyone else in the copyleft community for nearly a

  decade, regard an almost moot and wholly esoteric legal detail.}.

\section{GPLv2~\S7: ``Give Software Liberty or Give It Death!''}

\label{GPLv2s7}

In essence, GPLv2~\S7 is a verbosely worded way of saying for non-copyright

systems what GPLv2~\S6 says for copyright.  If there exists any reason that a

distributor knows of that would prohibit later licensees from exercising

their full rights under GPL, then distribution is prohibited.

Originally, this was designed as the title of this section suggests --- as

a last ditch effort to make sure that freedom was upheld.  However, in

modern times, it has come to give much more.  Now that the body of GPL'd

software is so large, patent holders who would want to be distributors of

GPL'd software have a tough choice.  They must choose between avoiding

distribution of GPL'd software that exercises the teachings of their

patents, or grant a royalty-free, irrevocable, non-exclusive license to

those patents.  Many companies have chosen the latter.

Thus, GPLv2~\S7 rarely gives software death by stopping its distribution.

Instead, it is inspiring patent holders to share their patents in the same

freedom-defending way that they share their copyrighted works.

\section{GPLv2~\S8: Excluding Problematic Jurisdictions}

\label{GPLv2s8}

GPLv2~\S8 is rarely used by copyright holders.  Its intention is that if a

particular country, say Unfreedonia, grants particular patents or allows

copyrighted interfaces (no country to our knowledge even permits those

yet), that the GPLv2'd software can continue in free and unabated

distribution in the countries where such controls do not exist.

As far as is currently known, GPLv2~\S8 has very rarely been formally used by

copyright holders.  Admittedly, some have used GPLv2~\S8 to explain various

odd special topics of distribution (usually related in some way to

GPLv2~\S7).  However, generally speaking, this section is not proven

particularly useful in the more than two decades of GPLv2 history.

Meanwhile, despite many calls by the FSF (and others) for those licensors who

explicitly use this section to come forward and explain their reasoning, no

one ever did.  Furthermore, research conducted during the GPLv3 drafting

process found exactly one licensor who had invoked this section to add an

explicit geographical distribution limitation, and the reasoning for that one

invocation was not fitting with FSF's intended spirit of GPLv2~\S8.  As such,

GPLv2~\S8 was not included at all in GPLv3.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

\chapter{Odds, Ends, and Absolutely No Warranty}

GPLv2~\S\S0--7 constitute the freedom-defending terms of the GPLv2.  The remainder

% This GCC Runtime Library Exception (``Exception'') is an additional

% permission as provided by Section 7 of GPLv3. The purpose of this Exception

% is to allow compilation of non-GPL (including proprietary) programs making

% use of the header files and runtime libraries covered by this Exception and

% containing code from the copyleft toolchain embedded by the compiler in the

% object code of the program as part of the compilation process. The GCC

% Runtime Library Exception covers any file that has a notice in its license

% headers stating that the exception applies.

% FIXME-LATER: end

\chapter{Integrating the GPL into Business Practices}

Since GPL'd software is now extremely prevalent through the industry, it

is useful to have some basic knowledge about using GPL'd software in

business and how to build business models around GPL'd software.

\section{Using GPL'd Software In-House}

As discussed in Sections~\ref{GPLv2s0} and~\ref{GPLv2s5} of this tutorial,

the GPL only governs the activities of copying, modifying and

distributing software programs that are not governed by the license.

Thus, in FSF's view, simply installing the software on a machine and

using it is not controlled or limited in any way by the GPL\@. Using Free

Software in general requires substantially fewer agreements and less

license compliance activity than any known proprietary software.

Even if a company engages heavily in copying the software throughout the

enterprise, such copying is not only permitted by GPLv2~\S\S1 and 3, but it is

encouraged!  If the company simply deploys unmodified (or even modified)

Free Software throughout the organization for its employees to use, the

obligations under the license are very minimal. Using Free Software has a

substantially lower cost of ownership --- both in licensing fees and in

licensing checking and handling -- than the proprietary software

equivalents.

\section{Business Models}

\label{Business Models}

Using Free Software in house is certainly helpful, but a thriving

market for Free Software-oriented business models also exists. There is the

traditional model of selling copies of Free Software distributions.

Many companies make substantial revenue

from this model. Some choose this model because they have

found that for higher-end hardware, the profit made from proprietary

software licensing fees is negligible. The real profit is in the hardware,

but it is essential that software be stable, reliable and dependable, and

the users be allowed to have unfettered access to it. Free Software, and

assured that proprietary versions of the their software will not exist to

compete on their hardware.

For example, charging a ``convenience fee'' for Free Software,

when set at a reasonable price (around \$60 or so), can produce some

profit. Even though Red Hat's system is fully downloadable on their

Web site, people still go to local computer stores and buy copies of their

box set, which is simply a printed version of the manual (available under

a Free license as well) and the Free Software system it documents.

\medskip

Custom support, service, and software improvement contracts

are the most widely used models for GPL'd software. The GPL is

central to their success, because it ensures that the code base

remains common, and that large and small companies are on equal

footing for access to the technology. Consider, for example, the GNU

Compiler Collection (GCC). Cygnus Solutions, a company started in the

early 1990s, was able to grow steadily simply by providing services

for GCC --- mostly consisting of new ports of GCC to different or new,

embedded targets. Eventually, Cygnus was so successful that

it was purchased by Red Hat where it remains a profitable division.

However, there are very small companies that compete in

this space. Modern industry demands the trust created by GPL protected

code-bases. Companies can cooperate on the software and

improve it for everyone. Meanwhile, companies who rely on GCC for their

work are happy to pay for improvements, and for ports to new target

platforms. Nearly all the changes fold back into the standard

versions, and those forks that exist remain freely available.

\medskip

\label{Proprietary Relicensing}

A final common business model that is perhaps the most controversial is

proprietary relicensing of a GPL'd code base. This is only an option for

software in which a particular entity holds exclusive rights to

relicense.\footnote{Entities typically hold exclusive relicensing rights

  either by writing all the software under their own copyrights, collecting

  copyright assignments from all contributors, or by otherwise demanding

  unconditional relicensing permissions from all contributors via some legal

  agreement} As discussed earlier in this tutorial, a copyright holder is

permitted under copyright law to license a software system under her

copyright as many different ways as she likes to as many different parties as

she wishes.