Changeset - d2c59d90e9d6
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 12:53:35
bkuhn@ebb.org
Intro paragraph to new section explaining GPLv3's lock-down issue.
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gpl-lgpl.tex
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@@ -2529,104 +2529,111 @@ 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
 
  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.
 

	
 
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).
 

	
 
% FIXME: new section here, just to talk DRM before the other section.
 

	
 
GPLv3 introduces provisions that respond to the growing practice of
 
distributing GPL-covered programs in devices that employ technical means
 
to restrict users from installing and running modified versions.  This
 
practice thwarts the expectations of developers and users alike, because
 
the right to modify is one of the core freedoms the GPL is designed to
 
secure.
 
\section{GPLv3's views on DRM and Device Lock-Down}
 

	
 
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
 
issues in the earliest drafts of GPLv3 to  the final version of GPLv3 shows
 
the FSF's willingness to compromise on tactical issues to reach the larger
 
goal of software freedom.
 

	
 
Specifically, GPLv3 introduced provisions that respond to the growing
 
practice of distributing GPL-covered programs in devices that employ
 
technical means to restrict users from installing and running modified
 
versions.  This practice thwarts the expectations of developers and users
 
alike, because the right to modify is one of the core freedoms the GPL is
 
designed to secure.
 

	
 
Technological measures to defeat users' rights --- often described by such
 
Orwellian phrases as ``digital rights management,'' which actually means
 
limitation or outright destruction of users' legal rights, or ``trusted
 
computing,'' which actually means selling people computers they cannot trust
 
--- are alike in one basic respect.  They all employ technical means to turn
 
the system of copyright law, where the powers of the copyright holder are
 
limited exceptions to general freedom, into a prison, where everything not
 
specifically permitted is utterly forbidden, and indeed, if the full extent
 
of their ambition is realized, would be technically impossible.  This system
 
of ``para-copyright'' has been created since the adoption of GPLv2, through
 
legislation in the United States, the European Union, and elsewhere that
 
makes it a serious civil or even criminal offense to escape from these
 
restrictions, even where the purpose in doing so is to restore the users'
 
legal rights that the technology wrongfully prevents them from exercising.
 

	
 
% FIXME: Remove FSF specific parts
 

	
 
As a digital rights organization, we would not be following our mission if we
 
did not oppose these injustices.  But the reason our license must respond to
 
these practices at all is the result of a remarkable irony. Those who wish to
 
impose DRM on the public would like to do so by using software covered by the
 
GPL, a license that is intended to preserve the very freedom that they seek
 
to crush.  They are not satisfied merely with publishing programs having
 
limited capability, which free software permits. They seek to go further, to
 
prevent the user from removing those limits, turning Freedom 1, the freedom
 
to modify, into a sham.
 

	
 
GPLv2 did not address the use of technical measures to take back the rights
 
that the GPL granted, because such measures did not exist in 1991, and would
 
have been irrelevant to the forms in which software was then delivered to
 
users.  But GPLv3 must address these issues: free software is ever more
 
widely embedded in devices that impose technical limitations on the user's
 
freedom to change it.
 

	
 
These unjust measures must not be confused with legitimate applications that
 
give users control, as by enabling them to choose higher levels of system or
 
data security within their networks, or by allowing them to protect the
 
security of their communications using keys they can generate or copy to
 
other devices for sending or receiving messages.  These technologies present
 
no obstacles to the freedom of free software. The user is presented with
 
choices, and figuratively as well as literally retains all the keys to the
 
digital home.
 

	
 
By contrast, technical restrictions that allow other parties to control the
 
user have no legitimate social purpose.  In existing applications where the
 
user is not afforded the same degree of real power to modify the free
 
software in his system that vendors or distributors have retained, or have
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