Changeset - d7bff4baa528
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 16:53:31
bkuhn@ebb.org
Comment out this text for now.
1 file changed with 10 insertions and 10 deletions:
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gpl-lgpl.tex
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@@ -3175,106 +3175,106 @@ the GPL\@.  In practice, the FSF historically supplemented that policy with a st
 
exceptions for certain kinds of combinations.
 

	
 
GPLv3~\S7  implements a more explicit policy on license
 
compatibility.  It formalizes the circumstances under which a licensee may
 
release a covered work that includes an added part carrying non-GPL terms. 
 
GPLv3~\S7 distinguish between terms that provide additional permissions, and terms that
 
place additional requirements on the code, relative to the permissions and
 
requirements established by applying the GPL to the code.
 

	
 
As discussed in the previous section of this tutorial, GPLv3~\S7 first and foremost explicitly allows added parts covered by terms with
 
additional permissions to be combined with GPL'd code. This codifies the
 
existing practice of regarding such licensing terms as compatible with the
 
GPL\@. A downstream user of a combined GPL'd work who modifies such an added
 
part may remove the additional permissions, in which case the broader
 
permissions no longer apply to the modified version, and only the terms of
 
the GPL apply to it.
 

	
 
In its treatment of terms that impose additional requirements, GPLv3\S7
 
extends the range of licensing terms with which the GPL is compatible.  An
 
added part carrying additional requirements may be combined with GPL'd code,
 
but only if those requirements belong to an set enumerated in GPLv3\S7. There
 
are, of course,  limits on the acceptable additional requirements, which to
 
ensures that enhanced license compatibility does not
 
defeat the broader software-freedom-defending terms of the GPL\@. Unlike terms that grant
 
additional permissions, terms that impose additional requirements cannot be
 
removed by a downstream user of the combined GPL'd work, because only in the
 
pathological case\footnote{Theoretically, a user could collect copyright
 
  assignment from all known contributors and then do this, but this would
 
  indeed be the pathological case.}  would a user have the right to do so.
 

	
 
% FIXME-LATER: It would be good to have detailed info on each of 7a-f.
 
%              Here's some commented-out text that might be useful for 7a-b
 

	
 
%% Under subsections 7a and 7b, the requirements may include preservation of
 
%% copyright notices, information about the origins of the code or alterations
 
%% of the code, and different warranty disclaimers. Under subsection 7c, the
 
%% requirements may include limitations on the use of names of contributors and
 
%% on the use of trademarks for publicity purposes. In general, we permit these
 
%% requirements in added terms because many free software licenses include them
 
%% and we consider them to be unobjectionable. Because we support trademark fair
 
%% use, the limitations on the use of trademarks may seek to enforce only what
 
%% is required by trademark law, and may not prohibit what would constitute fair
 
%% use.
 

	
 
% FIXME-LATER:  Say removing additional restrictions
 

	
 
% FIXME-LATER: This text may be useful later:
 

	
 
Some have questioned whether section 7 is needed, and some have suggested
 
that it creates complexity that did not previously exist.  We point out to
 
those readers that there is already GPLv2-licensed code that carries
 
additional terms.  One of the objectives of section 7 is to rationalize
 
existing practices of program authors and modifiers by setting clear
 
guidelines regarding the removal and addition of such terms.  With its
 
carefully limited list of allowed additional requirements, section 7
 
accomplishes additional objectives, permitting the expansion of the base of
 
code available for GPL developers, while also encouraging useful
 
experimentation with requirements we do not include in the GPL itself.
 
%% Some have questioned whether section 7 is needed, and some have suggested
 
%% that it creates complexity that did not previously exist.  We point out to
 
%% those readers that there is already GPLv2-licensed code that carries
 
%% additional terms.  One of the objectives of section 7 is to rationalize
 
%% existing practices of program authors and modifiers by setting clear
 
%% guidelines regarding the removal and addition of such terms.  With its
 
%% carefully limited list of allowed additional requirements, section 7
 
%% accomplishes additional objectives, permitting the expansion of the base of
 
%% code available for GPL developers, while also encouraging useful
 
%% experimentation with requirements we do not include in the GPL itself.
 

	
 
\section{GPLv3~\S8: A Lighter Termination}
 

	
 
% FIXME:  probably mostly still right, needs some updates, though.
 

	
 
GPLv2 provided for automatic termination of the rights of a person who
 
copied, modified, sublicensed, or distributed a work in violation of the
 
license.  Automatic termination can be too harsh for those who have committed
 
an inadvertent violation, particularly in cases involving distribution of
 
large collections of software having numerous copyright holders.  A violator
 
who resumes compliance with GPLv2 would need to obtain forgiveness from all
 
copyright holders, but even to contact them all might be impossible.
 

	
 
% FIXME: needs to be updated to describe more complex termination
 

	
 
Section 8 of GPLv3 replaces automatic termination with a non-automatic
 
termination process.  Any copyright holder for the licensed work may opt to
 
terminate the rights of a violator of the license, provided that the
 
copyright holder has first given notice of the violation within 60 days of
 
its most recent occurrence. A violator who has been given notice may make
 
efforts to enter into compliance and may request that the copyright holder
 
agree not exercise the right of termination; the copyright holder may choose
 
to grant or refuse this request.
 

	
 
% FIXME: needs to be updated to describe more complex termination
 

	
 
If a licensee who is in violation of GPLv3 acts to correct the violation and
 
enter into compliance, and the licensee receives no notice of the past
 
violation within 60 days, then the licensee need not worry about termination
 
of rights under the license.
 

	
 
In Draft 3 the termination provision of section 8 has been revised to
 
indicate that, if a licensee violates the GPL, a contributor may terminate
 
any patent licenses that it granted under the first paragraph of section 11
 
to that licensee, in addition to any copyright permissions the contributor
 
granted to the licensee.  Therefore, a contributor may terminate the patent
 
licenses it granted to a downstream licensee who brings patent infringement
 
litigation in violation of section 10.
 

	
 
We have made two substantive changes to section 8.  First, we have clarified
 
that patent rights granted under the GPL are among the rights that a
 
copyright holder may terminate under section 8.  Therefore, a contributor who
 
grants a patent license under the first paragraph of section 11 may terminate
 
that patent license, just as that contributor may terminate copyright rights,
 
to a downstream recipient who has violated the license.  We think that this
 
is a reasonable result, and was already implicit in the wording of the
 
termination provision in our earlier drafts.  Moreover, this clarification
 
should encourage patent holders to make contributions to GPL-covered
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