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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 02:09:36
bkuhn@ebb.org
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gpl-lgpl.tex
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@@ -2376,97 +2376,97 @@ Therefore, the GPL 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 GPL\@.
 

	
 
\subsection{Convey}
 

	
 
Further to this point, a subset of propagate --- ``convey'' --- is defined.
 
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.  
 

	
 
\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
 
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
 
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}
 

	
 
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
 
  ``Corresponding Source''.}, or, as GPLv3 officially calls it,
 
``Corresponding Source'' in GPLv3~\S1\P4 is possibly the most complex
 
definition in the license.
 

	
 
The CCS definition is broad so as to protect users' exercise of their rights
 
under the GPL\@.  The definition includes with particular examples to remove
 
any doubt that they are to be considered CCS\@.  GPLv3 seeks to make it
 
completely clear that a licensee cannot avoid complying with the requirements
 
of the GPL by dynamically linking a subprogram component to the original
 
version of a program.  The example also clarifies that the shared libraries
 
and dynamically linked subprograms that are included in Corresponding Source
 
are those that the work is ``specifically'' designed to require, which
 
clarifies that they do not include libraries invoked by the work that can be
 
readily substituted by other existing implementations.  While copyleft
 
advocates never doubted this was required under GPLv2's definition of CCS,
 
making it abundantly clear with an extra example.
 

	
 
GPL, as always, seeks to ensure users are truly in a position to install and
 
run their modified versions of the program; the CCS definition is designed to
 
be expansive to ensure this software freedom.  However, although the
 
definition of CCS is expansive, it is not sufficient to protect users'
 
freedoms in many circumstances.  For example, a GPL'd program, or a modified
 
version of such a program, might be locked-down and restricted.  The
 
requirements in GPLv3~\S6 (discussed in Section~\ref{GPLv3s6} of this
 
tutorial) handle that issue.  (Early drafts of GPLv3 included those
 
requirements in the definition of CCS; however, given that the lock-down
 
issue only comes up in distribution of object code, it is more logical to
 
place those requirements with the parts of GPLv3 dealing directly with object
...
 
@@ -2508,97 +2508,97 @@ certain libraries, such as necessary Microsoft Windows DLLs (which aren't
 
part of Windows' kernel but accompany it) that are required for functioning
 
of copylefted programs compiled for Windows.
 

	
 
However, in isolation, (a) would be too permissive, as it would sometimes
 
allowing distributors to evade important GPL requirements.  Part (b) reigns
 
in (a).  Specifically, (b) specifies only a few functionalities that a the
 
system library may provide and still qualify for the exception.  The goal is
 
to ensure system libraries are truly adjunct to a major essential operating
 
system component, compiler, or interpreter.  The more low-level the
 
functionality provided by the library, the more likely it is to be qualified
 
for this exception.
 

	
 
Admittedly, the system library exception is a frequently discussed topic of
 
obsessed GPL theorists.  The amount that has been written on the system
 
library exception (both the GPLv2 and GPLv3 versions of it), if included
 
herein,  could easily increase this section of the tutorial to a length
 
greater than all the others.
 

	
 
Like any exception to the copyleft requirements of GPL, would-be GPL
 
violators frequently look to the system library exception as a potential
 
software freedom circumvention technique.  When considering whether or not a
 
library qualifies for the system library exception, here is a pragmatic
 
thesis to consider, based on the combined decades of experience in GPL
 
interpretation of this tutorial's authors: the harder and more strained the
 
reader must study and read the system library exception, the more likely it
 
is that the library in question does not qualify for it.
 

	
 
\section{GPLv3~\S2: Basic Permissions}
 

	
 
GPLv3~\S2 can roughly be considered as an equivalent to GPLv2~\S0 (discussed
 
in \S~\ref{GPLv2s0} of this tutorial).  However, the usual style of
 
improvements found in GPLv3 are found here as well.  For example, the first
 
sentence of GPLv3~\S2 furthers the goal internationalization.  Under the
 
copyright laws of some countries, it may be necessary for a copyright license
 
to include an explicit provision setting forth the duration of the rights
 
being granted. In other countries, including the USA, such a provision is
 
unnecessary but permissible.
 

	
 
GPLv3~\S2\P1 also acknowledges that licensees under the GPL enjoy rights of
 
copyright fair use, or the equivalent under applicable law.  These rights are
 
compatible with, and not in conflict with, the freedoms that the GPL seeks to
 
protect, and the GPL cannot and should not restrict them.
 

	
 
However, note that (sadly to some copyleft advocates) the unlimited freedom
 
to run is confined to the \textit{unmodified} Program.  This confinement is
 
unfortunately necessary since Programs that do not qualify as a User Product
 
in GPLv3~\S6 (see \S~\ref{user-product} in this tutorial) might have certain
 
unfortunate restrictions on the freedom to run\footnote{See
 
  \S~ref{freedom-to-run} of this tutorial for the details on ``the freedom to
 
  \S~\ref{freedom-to-run} of this tutorial for the details on ``the freedom to
 
  run''.}
 

	
 
GPLv3~\S2\P2 distinguishes between activities of a licensee that are
 
permitted without limitation and activities that trigger additional
 
requirements.  Specifically, GPLv3~\S2\P2 guarantees the basic freedoms of
 
privately modifying and running the program.
 

	
 
Also, GPLv3~\S2\P2 gives an explicit permission for a client to provide a
 
copy of its modified software to a contractor exclusively for that contractor
 
to modify it further, or run it, on behalf of the client.  However, the
 
client can \textit{only} exercise this control over its own copyrighted
 
changes to the GPL-covered program.  The parts of the program it obtained
 
from other contributors must be provided to the contractor with the usual GPL
 
freedoms.  Thus, GPLv3 permits users to convey covered works to contractors
 
operating exclusively on the users' behalf, under the users' direction and
 
control, and to require the contractors to keep the users' copyrighted
 
changes confidential, but \textit{only if} the contractor is limited to acting
 
on the users' behalf (just as the users' employees would have to act).
 

	
 
The strict conditions in this ``contractors provision'' are needed so that it
 
cannot be twisted to fit other activities, such as making a program available
 
to downstream users or customers.  By making the limits on this provision
 
very narrow, GPLv3 ensures that, in all other cases, contractors gets the
 
full freedoms of the GPL that they deserve.
 

	
 
The FSF was specifically asked to add this ``contractors provisions'' by
 
large enterprise users of Free Software, who often contract with non-employee
 
developers, working offsite, to make modifications intended for the user's
 
private or internal use, and often arrange with other companies to operate
 
their data centers.  Whether GPLv2 permits these activities is not clear and
 
may depend on variations in copyright law in different jurisdictions.  The
 
practices seem basically harmless, so FSF decided to make it clear they are
 
permitted.
 

	
 
GPLv3~\S2's final paragraph includes an explicit prohibition of sublicensing.
 
This provision ensures that GPL enforcement is always by the copyright
 
holder.  Usually, sublicensing is regarded as a practical convenience or
 
necessity for the licensee, to avoid having to negotiate a license with each
 
licensor in a chain of distribution.  The GPL solves this problem in another
 
way --- through its automatic licensing provision found in GPLv3\~S10 (which
 
is discussed in more detail in \S\~ref{GPLv3s10} of this tutorial).
 

	
 
\section{GPLv3's views on DRM and Device Lock-Down}
 
\label{GPLv3-drm}
 

	
 
The issues of DRM, device lock-down and encryption key disclosure were the
 
most hotly debated during the GPLv3 process.  FSF's views on this were sadly
 
frequently misunderstood and, comparing the provisions related to these
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