@@ -3248,48 +3248,49 @@ reinstatement of rights. The termination procedure provides a limited
opportunity to cure license violations. If a licensee has committed a
first-time violation of the GPL with respect to a given copyright holder, but
the licensee cures the violation within 30 days following receipt of notice
of the violation, then any of the licensee's GPL rights that have been
terminated by the copyright holder are ``automatically reinstated''.
Finally, if a licensee violates the GPL, a contributor may terminate any
patent licenses that it granted under GPLv3~\S11, in addition to any
copyright permissions the contributor granted to the licensee.
% FIXME-LATER: write more here, perhaps linking up to enforcement
\section{GPLv3~\S9: Acceptance}
GPLv3~\S9 means what it says: mere receipt or execution of code neither
requires nor signifies contractual acceptance under the GPL. Speaking more
broadly, GPLv3 is intentionally structured as a unilateral grant
of copyright permissions, the basic operation of which exists outside of any
law of contract. Whether and when a contractual relationship is formed
between licensor and licensee under local law do not necessarily matter to
the working of the license.
\section{GPLv3~\S10: Explicit Downstream License}
\label{GPLv3s10}
% FIXME-LATER: this is a punt: need more time to write!
GPLv3~\S10 ensures that everyone downstream receives licenses from all
copyright holders. It really is a generally straightforward section.
% FIXME-LATER: link up this paragraph to above sections.
Note, however, GPLv3 removed the words ``at no charge'' from GPLv2~\S2(b) (in
GPLv3,~\S5(b)) because it contributed to a misconception that the GPL did not
permit charging for distribution of copies. The purpose of the ``at no
charge'' wording was to prevent attempts to collect royalties from third
parties. The removal of these words created the danger that the imposition
of licensing fees would no longer be seen as a license violation. Therefore,
GPLv3~\S10 adds a new explicit prohibition on imposition of licensing fees or
royalties. This section is an appropriate place for such a clause, since it
is a specific consequence of the general requirement that no further
restrictions be imposed on downstream recipients of GPL-covered code.
% FIXME-LATER: This text needs further study before I can conclude it belongs
% in this tutorial:
%% Careful readers of the GPL have suggested that its explicit prohibition
%% against imposition of further restrictions\footnote{GPLv2, section 6; Draft