Copyleft/guide Changeset - a53d1919b05a

Changeset - a53d1919b05a

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Bradley Kuhn (bkuhn) - 7 years ago 2017-05-09 12:02:13
bkuhn@ebb.org

Shorten length; include only section discussion

Shorten this down to include discussion only of specific GPL sections.

1 file changed with 3 insertions and 178 deletions:

presentations/30min-specific-sections/specific-sections.md

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presentations/30min-specific-sections/specific-sections.md

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-% Brief Introduction to the GNU General Public License
+% Considering Key Sections of the GPL
 % Bradley M. Kuhn
-% Monday 24 March 2014
+% Tuesday 9 May 2017
 # Audience Polls
 + My goal here is to move faster or slower based on audience knowledge.
 + There are folks in this audience who have worked with this stuff for years,
   and those who are completely new.
 + We want these presentations to be valuable to all of you.
 + Please, don't be embarrassed:
      + Ever GPL expert in the world, including me, started as a student who
        knew none of this.
 # IANAL
 <cite>IANAL</cite>
 # My Affiliations
 + Formerly had John's job, Executive Director of FSF, years ago.
 + Currently: on Board of Directors of FSF.
 + President of Software Freedom Conservancy.
 # How These Orgs Relate to GPL?
 + FSF
     + Invented copyleft.
     + Authors &amp; stewards of the GPL.
     + Holder of copyrights on many key GNU programs &hellip;
     + &hellip; and therefore enforcers of those copyrights.
 + Software Freedom Conservancy
     + Adviser on legal issues of copyright, etc. to Free Software projects.
     + Holder of some copyrights on its member projects.
     + Enforcer of GPL on behalf of many copyright holders in:
     + BusyBox, Samba, Mercurial, and the kernel named Linux.
 # How this Hour Will Go?
 + Materials presented will mix the simple &amp; complex.
 + We cannot possibly cover the entire GPL in one hour.
 + Discuss: motivations, origins, then a few of GPL's sections.
 + I understand the mix of backgrounds in the audience.
 # A Restaurant's Lawyer?
 + Considering why you want to learn this.
 + What if your client was a restaurant?
 + What would you want to need to know?
 # Restaurant Lawyer: What'd You Study?
 + If you were a restaurant's lawyer:
 + Probably three areas of law you'd focus on:
      + building codes.
      + health and safety regulations.
      + tax regulations.
 + Who would want to hear from?
 # Restaurant Lawyer: What'd You Study?
 + Figure out the motivations behind the building code:
       + What parts are arcane and less important to inspectors?
       + How do inspections work?
       + What are the penalties?
 + Figure out the same for health &amp; safety:
       + Who inspects, and when?
       + What's the health code say, and what checklist do inspectors use?
 + Likely Questions:
       + Who's in charge of all this?
       + What's purpose and intent of these regulations?
       + Can I meet the inspectors?
 # Why Listen To Us?
 + FSF: Understanding the purpose and intent of the GPL.
 + Conservancy &amp; FSF:
     + both enforce the GPL.
     + if your client violates, you will hear from one of us.
 + Such access to drafters, interpreters, enforcers is highly unique.
 + Someday, we may (or already have) sit across the table from you.
 + Our transparency does make your job easier.
 # The Mindset of GPL
 + GPL protects software freedom.
 + Ultimate goal: make sure every user has the four freedoms.
      + Freedom to run the software.
      + Freedom to study and modify the software.
      + Freedom to share the software.
      + Freedom to distribute modified versions.
 + Every clause in GPL was designed to uphold one of these freedoms.
      + Or, it's a compromise of drafting in adoption vs. freedom debate.
 # Using Copyright
 + GPL is primarily a copyright license.
       + Software is copyrighted.
       + License grants key freedoms.
       + Requirement prohibit activities that take away freedoms.
 + General concept: copyleft.
 + Specific implementation: GPL.
 <hr/>
 <span class="fitonslide">
 > Copyright protection subsists &hellip; original works of authorship fixed in any tangible medium of expression &hellip;  from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
 <p align=right>
  &mdash; <a href="http://www.law.cornell.edu/uscode/text/17/102">17 USC &sect;102</a>
 </p>
 </span>
 # Conditional Permissions
 + A copyleft license grants copyright permissions, conditionally.
 + Think of the phrase: &ldquo;provided that&rdquo;
 + &ldquo;provided that&rdquo;: appears (in some form) only
 + 4 times in GPLv2
 + 9 times in GPLv3.
 # Compare To Proprietary Licenses
 + Yes, the GPL has its requirements.
 + But *none* of these activities are ever permitted under proprietary
   licenses.
 + If you don't like what the GPL requires you to do, then just tell your
   client to use the proprietary software instead.
 + That way, they know the answer to every question is &ldquo;no&rdquo;
 + rather than: &ldquo;yes, but only as long as you &hellip;&rdquo;
 # The Technical Gap
 + Understanding GPL well requires a some software expertise &amp; legal
   expertise.
 + You don't have to be a professional on either side to grok it.
      + but you're best off if you're a professional in one &amp; an amateur
        in the other.
 + Most important technical concepts you need:
      + source code, binaries, methods of distribution.
 # Considering Sections of the GPL
 + With the remaining time &hellip;
      + in interest of the experts in the audience &hellip;
      + let's dig into a few specific sections.
 + GPL &hearts; 17 USC&sect;106(2) &amp; 17 USC&sect;106(3)
-+ Modification and distribution.
++ GPL hinges on modification and distribution.
 # Why Permission to Modify?
 + Your new copyrights are your copyrights:
      + you are affixing it in a tangible medium.
 + Exclusive right of copyright holders:
      + Control on &ldquo;preparation of derivative works&rdquo;
      + Distribution of the work.
      + Note the combination of these.
 + Again, see 17 USC&sect;106
 + N.B.: &ldquo;derivative works&rdquo; is USA-centric, modify is more international)
 # Modification As a Center Provision
 + GPL's primary copyright hook is copyright controls on the right to modify.
 + GPL's central tenant:
 + You can make a modified version of various types privately as much as you'd like.
 + When you distribute that modified version, you have requirements to meet.
@@ ... / @@ -383,36 +220,24 @@ form of a work. @@
 <br/>
 <br/>
 The "Corresponding Source" for a work in object code form means all the
 source code needed to generate, install, and (for an executable work) run the
 object code and to modify the work, including scripts to control those
 activities.  However, it does not include the work's System Libraries, or
 general-purpose tools or generally available free programs which are used
 unmodified in performing those activities but which are not part of the work.
 For example, Corresponding Source includes interface definition files
 associated with source files for the work, and the source code for shared
 libraries and dynamically linked subprograms that the work is specifically
 designed to require, such as by intimate data communication or control flow
 between those subprograms and other parts of the work.
 <br/>
 <br/>
 The Corresponding Source need not include anything that users
 can regenerate automatically from other parts of the Corresponding
 Source.
 <br/>
 <br/>
 The Corresponding Source for a work in source code form is that
 same work.
 </p>
 </span>
 # The GPL is a Complex Topic
 + An in-depth seminar on GPL's provisions is a one-day course &hellip;
      + &hellip; but the written materials discuss every section in depth.
 + Keep in mind: every requirement has a carefully considered purpose to
   uphold freedom of users.
 + Software freedom licenses have a moral perspective.
       + This is probably the most difficult thing for lawyers to understand.

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