diff --git a/GPL-LGPL/gpl-lgpl-overview.txt b/GPL-LGPL/gpl-lgpl-overview.txt new file mode 100644 index 0000000000000000000000000000000000000000..bc0dc1148aa82809834b32749fe10dbea1348ec2 --- /dev/null +++ b/GPL-LGPL/gpl-lgpl-overview.txt @@ -0,0 +1,180 @@ + Detailed Study and Analysis of GPL and LGPL + +This one-day course gives a section-by-section explanation of the most +popular Free Software copyright license, the GNU General Public License +(GNU GPL), and teaches lawyers, software developers, managers and business +people how to use the GPL (and GPL'ed software) successfully in a new Free +Software business and in existing, successful enterprises. + +Prerequisites: + + Attendees should have a general familiarity with software development + processes. A basic understanding of how copyright law typically + applies to software is also helpful. + +Audience: + + The course is of most interest to lawyers, software developers and + managers who run (or have clients who run) software businesses that + modify and/or redistribute software under terms of the GNU GPL or + LGPL, or who wish to make use of existing GPL'd and LGPL'd software + in their enterprise. + +The course will include the topics listed below, along with ample time for +questions and discussions. Lunch is included, with a lunch speaker to be +announced. + + * Free Software Principles and the Free Software Definition + + The ethical principles that motivated the creation of these licenses + are presented. Unlike licenses that seek to lock up software in a + proprietary fashion, the GPL and LGPL are designed to grant freedom to + innovate, learn and improve. Those principles influence licensing + policy decisions. We present the specific definition of the concept + of "Free Software" (software whose license grants freedoms to copy, + share, modify and redistribute the software either gratis or for a + fee) for-profit companies. + + * Preamble of the GNU General Public License (GPL) + + The preamble presents the intent of the license. The preamble puts + forth the motivations for the detailed terms and conditions that + follow in the license. We discuss the language of the preamble in + detail to show how it frames the legal details that follow. + + * GPL, Section 0: Definitions, etc. + + GPL's section 0 defines and presents the terms that make the basis of + this copyright license. We discuss those definitions and the + copyright scope of the license. + + * GPL, Section 1: Grant for Verbatim Source Copying + + Section 1 defines the terms for making source-only copies of software + programs. We discuss how those rules work and the requirements and + obligations for distributors of GPL'd source, whether they choose to + distribute at no charge or for fees. + + * Derivative Works: Statute and Case Law + + Free Software licensing in general, and the GPL and LGPL in + particular, relies critically on the concept of derivative work since + software that is independent (i.e., not derivative) of Free Software + need not abide by any of the terms of the applicable Free Software + license. If a work is a derivative work of Free Software, then the + terms of the license are triggered, and one has obligations to comply + with the terms of the Free Software license under which the original + work is distributed. Therefore, one is left to ask, just what is a + "derivative work?" We will show how the answer to that question + depends on which court is being asked. We also present the best + background information available to build a working understanding of + what is generally considered a derivate work in the rapidly changing + field of software copyright law. + + * GPL, Section 2: Grants for Source Derivative Works + + Section 2 sets forth the rules for creation of derivative works of + GPL'd software. We discuss the intent of this section of GPL and how + it relates to the copyright situation discussed in our discussion of + derivative works. We also explain the details of preparing derivative + source in a GPL-compliant way. + + * GPL, Section 3: Grants for Creating Binary Derivative Works + + Source-only distribution works well for technically savvy clients and + users, but most want runnable binary programs as well. Section 3 + gives permission for the creation and distribution of such binary + works. We explain how GPL's requirement for corresponding source code + operate, and detail what distribution options are available to + distributors of binary GPL'd software. We explore the benefits and + downsides of each of those options. + + * The Implied Patent Grant in GPL + + Patent rights are most often granted expressly, through detailed + language in a license. However, express patent grants are not the + exclusive way rights in patents are granted by patentees. Even + without express language, patent rights can be granted by a patentee's + actions or behavior. The GPL contains no express patent grant. Does + that mean it grants less rights in the licensor's patents than other + licenses which do? Or, does the GPL, in its silence, actually result + in a grant of patent rights to the licensee greater than occurs + through many other Free Software and "Open Source" licenses? + + We will consider these questions and provide detailed answers to them. + + * GPL, Section 4: Termination of License + + Section 4 terminates rights under GPL for those who violate it. We + discuss how such termination works, what it means for violators, what + risks one takes in violating, and how rights are typically restored. + We briefly mention how Section 4 is used as the central tool in GPL + enforcement. + + * GPL, Section 5: Acceptance of License + + GPL is not a contract, so acceptance of the license works differently + than it does for contracts. We discuss how this acceptance works + under the copyright rules that govern GPL. + + * GPL, Section 6: Prohibition on Further Restrictions + + Other licensing terms cannot be placed on GPL'd software that would + trump the rights granted under GPL. We discuss how Section 6 is used + to ensure that no such additional restrictions occur. We briefly + discuss how this leads to the concept of GPL-incompatible Free + Software licenses. + + * GPL, Section 7: Conflicts with other Agreements or Orders + + Just as additional licensing restrictions cannot trump GPL, outside + agreements, patent licenses or court orders cannot do so either. We + discuss how Section 7 ensures that other rules outside of the direct + software license cannot take rights away from users, distributors, and + modifiers of GPL'd software. + + * GPL, Section 8: International Licensing Issues + + Section 8 is rarely used part of the GPL that helps copyright holders + when certain technologies are prohibited from full international + distribution due to draconian rules elsewhere in the world. We + explain how Section 8 helps such copyright holders. + + * GPL, Section 9: FSF as GPL's Stewards + + We discuss how the update process and release of new GPL versions + happens. + + * GPL, Section 10: Copyright Holder's Exceptions to GPL + + Section 10 reminds licensees that under copyright law, other + relicensing arrangements can be made. We discuss how this can often + be used as a business model and we explicate that model's benefits and + downsides. + + * GPL, Section 11: Disclaimer of Warranties + GPL, Section 12: Limitation of Liability + + Almost all software licenses, including Free Software licenses such as + the GPL, contain sections, typically in all caps, regarding warranties + and liability. The purposes of these sections are lost on most + non-lawyers, but attorneys understand the importance their language + provides to both the licensor and the licensee. Some have argued that + the GPL's Sections 11 and 12 render it entirely unenforceable. We + consider whether that is true, and present the likely interpretation + and implementation of the GPL's Warranty Disclaimer and Liability + Limitation provisions. + + * Lesser General Public License (LGPL) + + The LGPL is a "scaled back" version of GPL, designed specifically to + allow creation of a very well-defined class of proprietary derivative + works. However, it does prohibit turning the LGPL'd software itself + directly into proprietary software. + + We discuss the basic design of LGPL and how it compares and contrasts + with GPL. We introduce the two classes of derivative works covered + by LGPL -- "works that use the library" and "works based on the + library" -- and give some concrete examples of what proprietary + derivative works are prohibited and permitted when basing the + software on an LGPL'd work.