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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 12:09:29
bkuhn@ebb.org
Integrate text regarding GPLv2ยง8 learned during GPLv3 into this section.

I had to substantially rewrite the text pasted from the rationale document
here to fit the text into the GPLv2-specific discussion that intended for
this section of the tutorial.
1 file changed with 13 insertions and 15 deletions:
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gpl-lgpl.tex
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@@ -2052,111 +2052,109 @@ chain of grants that ensure that everyone in the distribution has rights
 
under the GPLv2\@.  In a mathematical sense, this bounds the bottom ---
 
making sure that future licensees get no fewer rights than the licensee before.
 

	
 
The second sentence of GPLv2~\S6 does the opposite; it bounds from the top.  It
 
prohibits any licensor along the distribution chain from placing
 
additional restrictions on the user.  In other words, no additional
 
requirements may trump the rights and freedoms given by GPLv2\@.
 

	
 
The final sentence of GPLv2~\S6 makes it abundantly clear that no individual
 
entity in the distribution chain is responsible for the compliance of any
 
other.  This is particularly important for noncommercial users who have
 
passed along a source offer under GPLv2~\S3(c), as they cannot be assured that
 
the issuer of the offer will honor their GPLv2~\S3 obligations.
 

	
 
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.
 

	
 
\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 never been formally used by any
 
copyright holders.  Some have used GPLv2~\S8 to explain various odd special
 
topics of distribution, but generally speaking, this section is not
 
particularly useful and was actually removed in GPLv3.
 

	
 
% FIXME: integrate this into this section.
 

	
 
To our knowledge, no one has invoked this section to add an explicit
 
geographical distribution limitation since GPLv2 was released in 1991. We
 
have concluded that this provision is not needed and is not expected to be
 
needed in the future, and that it therefore should be removed.
 

	
 
Although a principal reason for removing the provision is the fact that it
 
has rarely been used, we have also encountered one current example of its use
 
that we find troubling.
 
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
 
of the GPLv2 handles administrivia and issues concerning warranties and
 
liability.
 

	
 
\section{GPLv2~\S9: FSF as Stewards of GPL}
 
\label{GPLv2s9}
 

	
 
FSF reserves the exclusive right to publish future versions of the GPL\@;
 
GPLv2~\S9 expresses this.  While the stewardship of the copyrights on the body
 
of GPL'd software around the world is shared among thousands of
 
individuals and organizations, the license itself needs a single steward.
 
Forking of the code is often regrettable but basically innocuous.  Forking
 
of licensing is disastrous.
 

	
 
(Chapter~\ref{tale-of-two-copylefts} discusses more about the various
 
versions of GPL.)
 

	
 
\section{GPLv2~\S10: Relicensing Permitted}
 
\label{GPLv2s10}
 

	
 
GPLv2~\S10 reminds the licensee of what is already implied by the nature of
 
copyright law.  Namely, the copyright holder of a particular software
 
program has the prerogative to grant alternative agreements under separate
 
copyright licenses.
 

	
 
\section{GPLv2~\S11: No Warranty}
 
\label{GPLv2s11}
 

	
 
Most warranty disclaimer language shout at you.  The
 
\href{http://www.law.cornell.edu/ucc/2/2-316}{Uniform Commercial
 
  Code~\S2-316} requires that disclaimers of warranty be ``conspicuous''.
 
There is apparently general acceptance that \textsc{all caps} is the
 
preferred way to make something conspicuous, and that has over decades worked
 
its way into the voodoo tradition of warranty disclaimer writing.
 

	
 
% FIXME: Admittedly, goes here ?
 

	
 
There is authority under United States law suggesting that effective warranty
 
disclaimers must be ``conspicuous,'' and that conspicuousness can be
 
established by capitalization and is absent when a disclaimer has the same
 
typeface as the terms surrounding it (see \textit{Stevenson v.~TRW, Inc.},
 
987 F.2d 288, 296 (5th Cir.~1993)).  We have reason to doubt that such
 
authority would apply to copyright licenses like the GPL.
 

	
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