diff --git a/GPL-Business/gpl-business.tex b/GPL-Business/gpl-business.tex index 9e6d6a5fcfb494e30dd10bf67e0580be7e5873e2..f306db404672684dda74b71e1da1c8268ebff8a2 100644 --- a/GPL-Business/gpl-business.tex +++ b/GPL-Business/gpl-business.tex @@ -16,7 +16,7 @@ %\setlength\parindent{0pt} -\pagestyle{empty} +%\pagestyle{empty} \begin{document} @@ -107,26 +107,26 @@ learned the following: \chapter{What Is Free Software?} -We begin our consideration of the GNU General Public License (herein, -abbreviated as ``GNU GPL'' or just ``GPL'') by first considering the -broader world of ``Free Software''. The GPL was not created from a void, -rather, it was created to embody and defend a set of principles that were -set forth at the founding of the GNU project and the Free Software -Foundation (FSF), the organization that upholds, defends and promotes the -philosophy of software freedom. To understand the point of the GPL and -its terms and conditions, we must first have a basic understanding of the -principles behind it. The GPL is unlike most software licenses in that it -is designed to defend and uphold these principles. +Consideration of the GNU General Public License (herein, abbreviated as +``GNU GPL'' or just ``GPL'') must begin by first considering the broader +world of ``Free Software''. The GPL was not created from a void, rather, +it was created to embody and defend a set of principles that were set +forth at the founding of the GNU project and the Free Software Foundation +(FSF)---the organization that upholds, defends and promotes the philosophy +of software freedom. A prerequisite for understanding the GPL and its +terms and conditions is a basic understanding of the principles behind it. +The GPL is unlike almost all other software licenses in that it is +designed to defend and uphold these principles. \section{The Free Software Definition} -\href{http://www.fsf.org/philosophy/free-sw.html}{The Free Software - Definition} is defined in full on the Free Software Foundation website -at \verb0http://www.fsf.org/philosophy/free-sw.html0. Here, we give an -abbreviated version that will help us consider the terms of the GPL. +The Free Software Definition is set forth in full on FSF's website at +\href{http://www.fsf.org/philosophy/free-sw.html}{http://www.fsf.org/philosophy/free-sw.html}. +This section presents an abbreviated version that will focus on the parts +that are most pertinent to the terms of the GPL\@. -A particular program is Free Software if it grants you, a particular user -of that program, the following freedoms: +A particular program is Free Software if it grants a particular user of +that program, the following freedoms: \begin{itemize} @@ -140,6 +140,45 @@ of that program, the following freedoms: \end{itemize} +The focus on ``a particular user'' is very pertinent here. It is not +uncommon for the same version of a specific program to grant these +freedoms to some subset of its user base, while others have none or only +some of these freedoms. Section~\ref{relicensing} talks in detail about +how this can happen even if a program is released under the GPL\@. + +Some people refer to software that gives these freedoms as ``Open +Source''. Besides having a different political focus than those who call +it Free Software\footnote{The political differences between the Free +Software Movement and the Open Source Movement are documented on FSF's +website at +\href{http://www.fsf.org/philosophy/free-software-for-freedom.html} +{http://www.gnu.org/philosophy/free-software-for-freedom.html}.}, +those who call the software ``Open Source'' are focused on a side issue. +User access to the source code of a program is a prerequisite to make use +of the freedom to modify. However, the important issue is what freedoms +are granted in the license of that source code. Microsoft's ``Shared +Source'' program, for example, gives various types of access to source +code, but almost none of the freedoms described in this section. + +One key issue that is central to these freedoms is that there are no +restrictions on how these freedoms can be excercised. Specifically, users +and programmers can exercise these freedoms non-commercially or +commercially. Licenses that grant these freedoms for non-commercial +activies but prohibit them for commercial activites are considered +non-Free. + +In general, software for which most or all of these freedoms are +restricted in any way is called ``non-Free Software''. Typically, the +term ``proprietary software'' is used more or less interchangably with +``non-Free Software''. Personally, I tend to use the term ``non-Free +Software'' to refer to non-commercial software that restricts freedom +(such as ``shareware'') and ``propreitary software'' to refer to +commercial software that restricts freedom (such as nearly all of +Microsoft's and Oracle's offerings). + +The remainder of this section considers each of the four freedoms in +detail. + \subsection{The Freedom to Run} For a program to be Free Software, the freedom to run the program must be @@ -149,6 +188,105 @@ user has discovered an innovative new use for a particular program, one that the programmer never could have predicted. Such a use much not be restricted. +It was once rare that this freedom was restricted by even proprietary +software; today it is not so rare. Most End User Licensing Agreements +(EULAs) that cover most proprietary software restrict some types of use. +For example, some versions of Microsoft's Frontpage software prohbit use +of the software to create websites that generate negative publicity for +Microsoft. Free Software has no such restrictions; everyone is free to +use Free Software for any purpose whatsoever. + +\subsection{The Freedom to Change and Modify} + +Free Software programs allow users to change, modify and adapt the +software to suit their needs. Access to the source code and related build +scripts are an essential part of this freedom. Without the source code +and the ability to build the binary applications from that source, the +freedom cannot be properly exercised. + +Programmers can take direct benefit from this freedom, and often do. +However, this freedom is essential to users who are not programmers. +Users must have the right to engage in a non-commercial enviornment of +finding help with the software (as often happens on email lists and in +users groups). This means they must have the freedom to recruit +programmers who might altrusitcally assist them to modify their software. + +The commercial exercise of this freedom is also essential. Each user, or +group of users, must have the right to hire anyone they wish on a +competitive free market to modify and change the software. This means +that companies have a right to hire anyone they wish to modify their Free +Software. Additionally, such companies may contract with other companies +to commission software modification. + +\subsection{The Freedom to Copy and Share} + +Users may share Free Software in a variety of ways. Free Software +advocates work to eliminate fundamental ethical delimema of the software +age: choosing between obeying a software license, and friendship (by +giving away a copy of a program your friend who likes the software you are +using). Free Software licenses, therefore, must permit this sort of +altruistic sharing of software amoung friends. + +The commercial enviornment must also have the benefits of this freedom. +Commercial sharing typically takes the form of selling copies of Free +Software. Free Software can be sold at any price to anyone. Those who +redistribute Free Software commercially have the freedom to selectively +distribute (you can pick your customers) and to set prices at any level +the redistributor sees fit. + +It is true that many people get copies of Free Software very cheaply (and +sometimes without charge). The competitive free market of Free Software +tends to keep prices low and reasonable. However, if someone is willing +to pay a billion dollars for one copy of the GNU Compiler Collection, such +a sale is completely permited. + +Another common instance of commercial sharing is service-oriented +distribution. For example, a distribution vendor may provide immediate +security and upgrade distribution via a special network service. Such +distribution is completely permitted for Free Software. + +\subsection{The Freedom to Share Improvements} + +The freedom to modify and improve is somewhat empty without the freedom to +share those improvements. The Free Software community is built on the +pillar of altruistic sharing of improved Free Software. Inevitably, a +Free Software project sprouts a mailing list where improvements are shared +freely among members of the development community. Such non-commercial +sharing must be permitted for Free Software to thrive. + +Commercial sharing of modified Free Software is equally important. For a +competitive free market for support to exist, all developers --- from +single-person contractors to large software companies --- must have the +freedom to market their services as improvers of Free Software. All forms +of such service marketing must be equally available to all. + +For example, selling support services for Free Software is fully +permitted. Companies and individuals can offer thesmelves as ``the place +to call'' when software fails or does not function properly. For such a +service to be meaningful, the entity offering that service must have the +right to modify and improve the software for the customer to correct any +problems that are beyond mere user error. + +Entities must also be permitted to make available modified versions of +Free Software. Most Free Software programs have a so-called ``canonoical +version'' that is made available from the primary developers of the +software. Hoewver, all who have the software have the ``freedom to fork'' +--- that is, make available non-trivial modified versions of the software +on a permenant or semi-permenant basis. Such freedom is central to +vibrant developer and user interaction. + +Companies and individuals have the right to make true value-added versions +of Free Software. They may use freedom to share improvements to +distribute distinct versions of Free Software with different functionality +and features. Furthermore, this freedom can be exercised to serve a +disenfranchised subset of the user community. If the developers of the +canonical version refuse to serve the needs of some of the software's +users, other entities have the right to create long- or short-lived fork +that serves that sub-community. + +\section{How Does Software Become Free?} + + \appendix \chapter{The GNU General Public License} @@ -223,7 +361,7 @@ The precise terms and conditions for copying, distribution and modification follow. \begin{center} -{\large \sc Terms and Conditions For Copying, Distribution and +{\Large \sc Terms and Conditions For Copying, Distribution and Modification} \end{center} @@ -468,34 +606,37 @@ No Warranty \end{center} \item -BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY -FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN -OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES -PROVIDE THE PROGRAM ``AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED -OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS -TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE -PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, -REPAIR OR CORRECTION. +{\sc Because the program is licensed free of charge, there is no warranty +for the program, to the extent permitted by applicable law. Except when +otherwise stated in writing the copyright holders and/or other parties +provide the program ``as is'' without warranty of any kind, either expressed +or implied, including, but not limited to, the implied warranties of +merchantability and fitness for a particular purpose. The entire risk as +to the quality and performance of the program is with you. Should the +program prove defective, you assume the cost of all necessary servicing, +repair or correction.} \item -IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING -WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR -REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, -INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING -OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED -TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY -YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER -PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES. +{\sc In no event unless required by applicable law or agreed to in writing +will any copyright holder, or any other party who may modify and/or +redistribute the program as permitted above, be liable to you for damages, +including any general, special, incidental or consequential damages arising +out of the use or inability to use the program (including but not limited +to loss of data or data being rendered inaccurate or losses sustained by +you or third parties or a failure of the program to operate with any other +programs), even if such holder or other party has been advised of the +possibility of such damages.} + \end{enumerate} \begin{center} -{\large\sc End of Terms and Conditions} +{\Large\sc End of Terms and Conditions} \end{center} +\pagebreak[2] + \section*{Appendix: How to Apply These Terms to Your New Programs} If you develop a new program, and you want it to be of the greatest