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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 12:40:19
bkuhn@ebb.org
Write paragraph on "unmodified Program", relating it to User Product issue.
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gpl-lgpl.tex
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@@ -2489,97 +2489,103 @@ software freedom more than it would hurt proprietary software.
 
The system library exception has two parts.  Part (a) rewords the GPLv2
 
exception for clarity replaces GPLv2's words ``unless that component itself
 
accompanies the executable'' with ``which is not part of the Major
 
Component''.  The goal here is to not require disclosure of source code of
 
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{GPLv2sS0} 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.
 

	
 
% FIXME: phrase ``unmodified Program'' appears due to User Products exception
 
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''.}
 

	
 
% FIXME: propagate and convey
 

	
 
Section 2 distinguishes between activities of a licensee that are permitted
 
without limitation and activities that trigger additional requirements. The
 
second paragraph of section 2 guarantees the basic freedoms of privately
 
modifying and running the program. However, the right to privately modify and
 
run the program is terminated if the licensee brings a patent infringement
 
lawsuit against anyone for activities relating to a work based on the
 
program.
 

	
 
% 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.
 

	
 
% 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.
 

	
 
% 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
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