Changeset - dccc2155aeeb
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 12:50:20
bkuhn@ebb.org
Rewrite paragraph describing last paragraph of GPLv3ยง2.
1 file changed with 7 insertions and 8 deletions:
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gpl-lgpl.tex
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@@ -2545,56 +2545,55 @@ unfortunate restrictions on the freedom to run\footnote{See
 

	
 
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.
 

	
 
% FIXME:  transition, and some word smith
 

	
 
The explicit prohibition of sublicensing ensures that enforcement of the GPL
 
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.
 
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.
 

	
 
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.
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