Changeset - e893d9d78296
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-18 22:33:18
bkuhn@ebb.org
Wordsmith and typo fixes.
1 file changed with 7 insertions and 7 deletions:
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gpl-lgpl.tex
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@@ -1946,68 +1946,68 @@ those who have not violated --- terminate automatically.
 
GPLv2~\S4 makes GPLv2 enforceable.  If licensees fail to adhere to the
 
license, then they are stuck without any permission under to engage in
 
activities covered by copyright law.  They must completely cease and desist
 
from all copying, modification and distribution of the GPL'd software.
 

	
 
At that point, violating licensees must gain the forgiveness of the copyright
 
holders to have their rights restored.  Alternatively, the violators could
 
negotiate another agreement, separate from GPL, with the copyright
 
holder.  Both are common practice, although
 
\tutorialpartsplit{as discussed in \textit{A Practical Guide to GPL
 
    Compliance}, there are }{Chapter~\ref{compliance-understanding-whos-enforcing}
 
  explains further } key differences between these two very different uses of GPL.
 

	
 
\section{GPLv2~\S5: Acceptance, Copyright Style}
 
\label{GPLv2s5}
 

	
 
GPLv2~\S5 brings us to perhaps the most fundamental misconception and common
 
confusion about GPLv2\@. Because of the prevalence of proprietary software,
 
most users, programmers, and lawyers alike tend to be more familiar with
 
EULAs. EULAs are believed by their authors to be contracts, requiring
 
formal agreement between the licensee and the software distributor to be
 
valid. This has led to mechanisms like ``shrink-wrap'' and ``click-wrap''
 
as mechanisms to perform acceptance ceremonies with EULAs.
 

	
 
The GPL does not need contract law to ``transfer rights.''  No rights
 
are transfered between parties. By contrast, the GPL is a permission
 
The GPL does not need contract law to ``transfer rights.''  Usually, no rights
 
are transfered between parties.  By contrast, the GPL is primarily a permission
 
slip to undertake activities that would otherwise have been prohibited
 
by copyright law. As such, it needs no acceptance ceremony; the
 
by copyright law.  As such, GPL needs no acceptance ceremony; the
 
licensee is not even required to accept the license.
 

	
 
However, without the GPL, the activities of copying, modifying and
 
distributing the software would have otherwise been prohibited. So, the
 
distributing the software would have otherwise been prohibited.  So, the
 
GPL says that you only accepted the license by undertaking activities that
 
you would have otherwise been prohibited without your license under GPL\@.
 
This is a certainly subtle point, and requires a mindset quite different
 
from the contractual approach taken by EULA authors.
 

	
 
An interesting side benefit to GPLv2~\S5 is that the bulk of users of Free
 
Software are not required to accept the license. Undertaking fair and
 
Software are not required to accept the license.  Undertaking fair and
 
unregulated use of the work, for example, does not bind you to the GPL,
 
since you are not engaging in activity that is otherwise controlled by
 
copyright law. Only when you engage in those activities that might have an
 
copyright law.  Only when you engage in those activities that might have an
 
impact on the freedom of others does license acceptance occur, and the
 
terms begin to bind you to fair and equitable sharing of the software. In
 
terms begin to bind you to fair and equitable sharing of the software.  In
 
other words, the GPL only kicks in when it needs to for the sake of
 
freedom.
 

	
 
\section{Using GPL Both as a Contract and Copyright License}
 

	
 
\section{GPLv2~\S6: GPL, My One and Only}
 
\label{GPLv2s6}
 

	
 
A point that was glossed over in Section~\ref{GPLv2s4}'s discussion of GPLv2~\S4
 
was the irrevocable nature of the GPL\@. The GPLv2 is indeed irrevocable,
 
and it is made so formally by GPLv2~\S6.
 

	
 
The first sentence in GPLv2~\S6 ensures that as software propagates down the
 
distribution chain, that each licensor can pass along the license to each
 
new licensee. Under GPLv2~\S6, the act of distributing automatically grants a
 
license from the original licensor to the next recipient. This creates a
 
chain of grants that ensure that everyone in the distribution has rights
 
under the GPLv2\@. In a mathematical sense, this bounds the bottom ---
 
making sure that future licensees get no fewer rights than the licensee before.
 

	
 
The second sentence of GPLv2~\S6 does the opposite; it bounds from the top. It
 
prohibits any licensor along the distribution chain from placing
 
additional restrictions on the user. In other words, no additional
 
requirements may trump the rights and freedoms given by GPLv2\@.
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