Changeset - c83c789fd06e
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Bradley Kuhn (bkuhn) - 10 years ago 2014-11-11 02:57:48
bkuhn@ebb.org
Correct formatting on footnote.
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gpl-lgpl.tex
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@@ -2469,49 +2469,49 @@ language) or other types of constants and/or macros that automatically expand
 
in the place where they are used is second nature.  As such, adding a defined
 
terms section was not terribly problematic for developers, and thus GPLv3
 
adds one.  Most of these defined terms are somewhat straightforward and bring
 
forward better worded definitions from GPLv2.  Herein, this tutorial
 
discusses a few of the new ones.
 

	
 
GPLv3~\S0 includes definitions of five new terms not found in any form in
 
GPLv2: ``modify'' ``covered work'', ``propagate'', ``convey'', and
 
``Appropriate Legal Notices''. 
 

	
 
\subsection{Modify and the Work Based on the Program}
 

	
 
%  FIXME: I think we actually need to research the claim below that
 
%  ``derivative work'' as a term is unique to USA copyright law.  I have
 
%  heard German lawyers, for example, use the term extensively.  Is it also a
 
%  term perhaps under German law?  -- bkuhn
 

	
 
GPLv2 included a defined term, ``work based on the Program'', but also used
 
the term ``modify'' and ``based on'' throughout the license.  GPLv2's ``work
 
based on the Program'' definition made use of a legal term of art,
 
``derivative work'', which is peculiar to USA copyright
 
law\footnote{(Ironically, most criticism of USA-specific legal
 
terminology in GPLv2's ``work based on the Program'' definition historically
 
came not primarily from readers outside the USA, but from those within
 
it\footnote{The FSF noted in that it did not generally agree with these
 
it.  The FSF noted in that it did not generally agree with these
 
  views, and expressed puzzlement by the energy with which they were
 
  expressed, given the existence of many other, more difficult legal issues
 
  implicated by the GPL.  Nevertheless, the FSF argued that it made sense to
 
  eliminate usage of local copyright terminology to good effect.}.  GPLv2
 
always sought to cover all rights governed by relevant copyright law, in the
 
USA and elsewhere.
 
Even though differently-labeled concepts corresponding to the
 
derivative work are recognized in all copyright law systems, these
 
counterpart concepts might differ to some degree in scope and breadth from
 
the USA derivative work.  GPLv3 therefore takes the task of
 
internationalizing the license further by removing references to derivative
 
works and by providing a more globally useful definition.
 
GPLv3 drops all reference to USA ``derivative works'' and returns
 
to the base concept only: GPL covers the licensed work and all works where
 
copyright permission from the licensed work's copyright holder.
 

	
 
The new definitions returns to the common elements of copyright law.  Copyright
 
holders of works of software have the exclusive right to form new works by
 
modification of the original --- a right that may be expressed in various
 
ways in different legal systems.  GPLv3 operates to grant this right to
 
successive generations of users (particularly through the copyleft conditions
 
set forth in GPLv3~\S5, as described later in this tutorial in its
 
\S~\ref{GPLv3s5}).  Here in GPLv3~\S0, ``modify'' refers to basic copyright
 
rights, and then this definition of ``modify'' is used to define ``modified
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