@@ -1515,358 +1515,355 @@ holder of each of the two works.
In this case, GPLv2~\S2 lays out the terms by which \gplusi{} may be
distributed and copied. By default, under copyright law, the copyright
holder of \worki{} would not have been permitted to distribute \gplusi{};
copyright law forbids it without the expressed permission of the copyright
holder of \workg{}. (Imagine, for a moment, if \workg{} were a proprietary
product --- would its copyright holders give you permission to create and distribute
\gplusi{} without paying them a hefty sum?) The license of \workg{}, the
GPL, states the options for the copyright holder of \worki{}
who may want to create and distribute \gplusi{}. GPL's pregranted
permission to create and distribute derivative works, provided the terms
of GPL are upheld, goes far above and beyond the permissions that one
would get with a typical work not covered by a copyleft license. (Thus, to
say that this restriction is any way unreasonable is simply ludicrous.)
\medskip
The next phrase of note in GPLv2~\S2(b) is ``licensed \ldots at no charge.''
This phrase confuses many. The sloppy reader points out this as ``a
contradiction in GPL'' because (in their confused view) that clause of GPLv2~\S2 says that redistributors cannot
charge for modified versions of GPL'd software, but GPLv2~\S1 says that
they can. Avoid this confusion: the ``at no charge'' \textbf{does not} prohibit redistributors from
charging when performing the acts governed by copyright
law,\footnote{Recall that you could by default charge for any acts not
governed by copyright law, because the license controls are confined
by copyright.} but rather that they cannot charge a fee for the
\emph{license itself}. In other words, redistributors of (modified
and unmodified) GPL'd works may charge any amount they choose for
performing the modifications on contract or the act of transferring
the copy to the customer, but they may not charge a separate licensing
fee for the software.
GPLv2~\S2(b) further states that the software must ``be licensed \ldots to all
third parties.'' This too yields some confusion, and feeds the
misconception mentioned earlier --- that all modified versions must made
available to the public at large. However, the text here does not say
that. Instead, it says that the licensing under terms of the GPL must
extend to anyone who might, through the distribution chain, receive a copy
of the software. Distribution to all third parties is not mandated here,
but GPLv2~\S2(b) does require redistributors to license the derivative works in
a way that extends to all third parties who may ultimately receive a
copy of the software.
In summary, GPLv2\ 2(b) says what terms under which the third parties must
receive this no-charge license. Namely, they receive it ``under the terms
of this License'', the GPLv2. When an entity \emph{chooses} to redistribute
a derivative work of GPL'd software, the license of that whole
work must be GPL and only GPL\@. In this manner, GPLv2~\S2(b) dovetails nicely
with GPLv2~\S6 (as discussed in Section~\ref{GPLv2s6} of this tutorial).
\medskip
The final paragraph of GPLv2~\S2 is worth special mention. It is possible and
quite common to aggregate various software programs together on one
distribution medium. Computer manufacturers do this when they ship a
pre-installed hard drive, and GNU/Linux distribution vendors do this to
give a one-stop CD or URL for a complete operating system with necessary
applications. The GPL very clearly permits such ``mere aggregation'' with
programs under any license. Despite what you hear from its critics, the
GPL is nothing like a virus, not only because the GPL is good for you and
a virus is bad for you, but also because simple contact with a GPL'd
code-base does not impact the license of other programs. A programmer must
expended actual effort to cause a work to fall under the terms
of the GPL. Redistributors are always welcome to simply ship GPL'd
software alongside proprietary software or other unrelated Free Software,
as long as the terms of GPL are adhered to for those packages that are
truly GPL'd.
\section{GPLv2~\S3: Producing Binaries}
\label{GPL-Section-3}
Software is a strange beast when compared to other copyrightable works.
It is currently impossible to make a film or a book that can be truly
obscured. Ultimately, the full text of a novel, even one written by
William Faulkner, must presented to the reader as words in some
human-readable language so that they can enjoy the work. A film, even one
directed by David Lynch, must be perceptible by human eyes and ears to
have any value.
Software is not so. While the source code --- the human-readable
representation of software is of keen interest to programmers -- users and
programmers alike cannot make the proper use of software in that
human-readable form. Binary code --- the ones and zeros that the computer
can understand --- must be predicable and attainable for the software to
be fully useful. Without the binaries, be they in object or executable
form, the software serves only the didactic purposes of computer science.
Under copyright law, binary representations of the software are simply
derivative works of the source code. Applying a systematic process (i.e.,
``compilation''\footnote{``Compilation'' in this context refers to the
automated computing process of converting source code into binaries. It
has absolutely nothing to do with the term ``compilation'' in copyright statues.}) to a work of source code yields binary code. The binary
code is now a new work of expression fixed in the tangible medium of
electronic file storage.
Therefore, for GPL'd software to be useful, the GPL, since it governs the
rules for creation of derivative works, must grant permission for the
generation of binaries. Furthermore, notwithstanding the relative
generation of binaries. Furthermore, notwithstanding the relative
popularity of source-based GNU/Linux distributions like Gentoo, users find
it extremely convenient to receive distribution of binary software. Such
it extremely convenient to receive distribution of binary software. Such
distribution is the redistribution of derivative works of the software's
source code. GPLv2~\S3 addresses the matter of creation and distribution of
source code. GPLv2~\S3 addresses the matter of creation and distribution of
binary versions.
Under GPLv2~\S3, binary versions may be created and distributed under the
terms of GPLv2~\S1--2, so all the material previously discussed applies
here. However, GPLv2~\S3 must go a bit further. Access to the software's
here. However, GPLv2~\S3 must go a bit further. Access to the software's
source code is an incontestable prerequisite for the exercise of the
fundamental freedoms to modify and improve the software. Making even
fundamental freedoms to modify and improve the software. Making even
the most trivial changes to a software program at the binary level is
effectively impossible. GPLv2~\S3 must ensure that the binaries are never
effectively impossible. GPLv2~\S3 must ensure that the binaries are never
distributed without the source code, so that these freedoms are passed
through the distribution chain.
GPLv2~\S3 permits distribution of binaries, and then offers three options for
distribution of source code along with binaries. The most common and the
least complicated is the option given under GPLv2~\S3(a).
GPLv2~\S3(a) offers the option to directly accompany the source code alongside
the distribution of the binaries. This is by far the most convenient
the distribution of the binaries. This is by far the most convenient
option for most distributors, because it means that the source-code
provision obligations are fully completed at the time of binary
distribution (more on that later).
Under GPLv2~\S3(a), the source code provided must be the ``corresponding source
code.'' Here ``corresponding'' primarily means that the source code
provided must be that code used to produce the binaries being distributed.
That source code must also be ``complete.'' A later paragraph of GPLv2~\S3
explains in detail what is meant by ``complete.'' In essence, it is all
That source code must also be ``complete''. GPLv2~\S3's penultimate paragraph
explains in detail what is meant by ``complete''. In essence, it is all
the material that a programmer of average skill would need to actually use
the source code to produce the binaries she has received. Complete source
the source code to produce the binaries she has received. Complete source
is required so that, if the licensee chooses, she should be able to
exercise her freedoms to modify and redistribute changes. Without the
exercise her freedoms to modify and redistribute changes. Without the
complete source, it would not be possible to make changes that were
actually directly derived from the version received.
Furthermore, GPLv2~\S3 is defending against a tactic that has in fact been
seen in FSF's GPL enforcement. Under GPL, if you pay a high price for
seen in GPL enforcement. Under GPL, if you pay a high price for
a copy of GPL'd binaries (which comes with corresponding source, of
course), you have the freedom to redistribute that work at any fee you
choose, or not at all. Sometimes, companies attempt a GPL-violating
choose, or not at all. Sometimes, companies attempt a GPL-violating
cozenage whereby they produce very specialized binaries (perhaps for
an obscure architecture). They then give source code that does
an obscure architecture). They then give source code that does
correspond, but withhold the ``incantations'' and build plans they
used to make that source compile into the specialized binaries.
Therefore, GPLv2~\S3 requires that the source code include ``meta-material'' like
scripts, interface definitions, and other material that is used to
``control compilation and installation'' of the binaries. In this
``control compilation and installation'' of the binaries. In this
manner, those further down the distribution chain are assured that
they have the unabated freedom to build their own derivative works
from the sources provided.
FSF (as authors of GPL) realizes that software distribution comes in many
forms. Embedded manufacturers, for example, have the freedom to put
GPL'd software into their PDAs with very tight memory and space
constraints. In such cases, putting the source right alongside the
binaries on the machine itself might not be an option. While it is
Software distribution comes in many
forms. Embedded manufacturers, for example, have the freedom to put
GPL'd software into mobile devices with very tight memory and space
constraints. In such cases, putting the source right alongside the
binaries on the machine itself might not be an option. While it is
recommended that this be the default way that people comply with GPL, the
GPL does provide options when such distribution is infeasible.
GPLv2~\S3, therefore, allows source code to be provided on any physical
``medium customarily used for software interchange.'' By design, this
phrase covers a broad spectrum. At best, FSF can viably release a new GPL
every ten years or so. Thus, phrases like this must be adaptive to
changes in the technology. When GPL version 2 was first published in June
phrase covers a broad spectrum --- the phrase seeks to pre-adapt to
changes in technology. When GPLv22 was first published in June
1991, distribution on magnetic tape was still common, and CD was
relatively new. Today, CD is the default, and for larger systems DVD-R is
gaining adoption. This language must adapt with changing technology.
relatively new. By 2002, CD is the default. By 2007, DVD's were the
default. Now, it's common to give software on USB drives and SD card. This
language in the license must adapt with changing technology.
Meanwhile, the binding created by the word ``customarily'' is key. Many
Meanwhile, the binding created by the word ``customarily'' is key. Many
incorrectly believe that distributing binary on CD and source on the
Internet is acceptable. In the corporate world, it is indeed customary to
simply download CDs worth of data over a T1 or email large file
attachments. However, even today in the USA, many computer users with
CD-ROM drives are not connected to the Internet, and most people connected
to the Internet are connected via a 56K dial-up connection. Downloading
CDs full of data is not customary for them in the least. In some cities
Internet is acceptable. In the corporate world in industrialized countries, it is indeed customary to
simply download a CDs' worth of data quickly. However, even today in the USA, many computer users are not connected to the Internet, and most people connected
to the Internet still have limited download speeds. Downloading
CDs full of data is not customary for them in the least. In some cities
in Africa, computers are becoming more common, but Internet connectivity
is still available only at a few centralized locations. Thus, the
``customs'' here must be normalized for a worldwide userbase. Simply
is still available only at a few centralized locations. Thus, the
``customs'' here are normalized for a worldwide userbase. Simply
providing source on the Internet --- while it is a kind, friendly and
useful thing to do --- is not usually sufficient.
Note, however, a major exception to this rule, given by the last paragraph
of GPLv2~\S3. \emph{If} distribution of the binary files is made only on the
Internet (i.e., ``from a designated place''), \emph{then} simply providing
the source code right alongside the binaries in the same place is
sufficient to comply with GPLv2~\S3.
\medskip
As is shown above, Under GPLv2~\S3(a), embedded manufacturers can put the
binaries on the device and ship the source code along on a CD\@. However,
sometimes this turns out to be too costly. Including a CD with every
binaries on the device and ship the source code along on a CD\@. However,
sometimes this turns out to be too costly. Including a CD with every
device could prove too costly, and may practically (although not legally)
prohibit using GPL'd software. For this situation and others like it, \S
3(b) is available.
prohibit using GPL'd software. For this situation and others like it, GPlv2\S~3(b) is available.
GPLv2~\S3(b) allows a distributor of binaries to instead provide a written
offer for source code alongside those binaries. This is useful in two
specific ways. First, it may turn out that most users do not request the
offer for source code alongside those binaries. This is useful in two
specific ways. First, it may turn out that most users do not request the
source, and thus the cost of producing the CDs is saved --- a financial
and environmental windfall. In addition, along with a GPLv2~\S3(b) compliant
and environmental windfall. In addition, along with a GPLv2~\S3(b) compliant
offer for source, a binary distributor might choose to \emph{also} give a
URL for source code. Many who would otherwise need a CD with source might
URL for source code. Many who would otherwise need a CD with source might
turn out to have those coveted high bandwidth connections, and are able to
download the source instead --- again yielding environmental and financial
windfalls.
However, note that regardless of how many users prefer to get the
source online, GPLv2~\S3(b) does place lasting long-term obligations on the
binary distributor. The binary distributor must be prepared to honor
binary distributor. The binary distributor must be prepared to honor
that offer for source for three years and ship it out (just as they
would have had to do under GPLv2~\S3(a)) at a moment's notice when they
receive such a request. There is real organizational cost here:
receive such a request. There is real organizational cost here:
support engineers must be trained how to route source requests, and
source CD images for every release version for the last three years
must be kept on hand to burn such CDs quickly. The requests might not
even come from actual customers; the offer for source must be valid
for ``any third party.''
for ``any third party''.
That phrase is another place where some get confused --- thinking again
that full public distribution of source is required. The offer for source
that full public distribution of source is required. The offer for source
must be valid for ``any third party'' because of the freedoms of
redistribution granted by GPLv2~\S\S1--2. A company may ship a binary image
and an offer for source to only one customer. However, under GPL, that
redistribution granted by GPLv2~\S\S1--2. A company may ship a binary image
and an offer for source to only one customer. However, under GPL, that
customer has the right to redistribute that software to the world if she
likes. When she does, that customer has an obligation to make sure that
likes. When she does, that customer has an obligation to make sure that
those who receive the software from her can exercise their freedoms under
GPL --- including the freedom to modify, rebuild, and redistribute the
source code.
GPLv2~\S3(c) is created to save her some trouble, because by itself GPLv2~\S3(b)
would unfairly favor large companies. GPLv2~\S3(b) allows the
would unfairly favor large companies. GPLv2~\S3(b) allows the
separation of the binary software from the key tool that people can use
to exercise their freedom. The GPL permits this separation because it is
good for redistributors, and those users who turn out not to need the
source. However, to ensure equal rights for all software users, anyone
source. However, to ensure equal rights for all software users, anyone
along the distribution chain must have the right to get the source and
exercise those freedoms that require it.
Meanwhile, GPLv2~\S3(b)'s compromise primarily benefits companies who
distribute binary software commercially. Without GPLv2~\S3(c), that benefit
distribute binary software commercially. Without GPLv2~\S3(c), that benefit
would be at the detriment of the companies' customers; the burden of
source code provision would be unfairly shifted to the companies'
customers. A customer, who had received binaries with a GPLv2~\S3(b)-compliant
customers. A customer, who had received binaries with a GPLv2~\S3(b)-compliant
offer, would be required under GPLv2 (sans GPLv2~\S3(c)) to acquire the source,
merely to give a copy of the software to a friend who needed it. GPLv2~\S3(c)
merely to give a copy of the software to a friend who needed it. GPLv2~\S3(c)
reshifts this burden to entity who benefits from GPLv2~\S3(b).
GPLv2~\S3(c) allows those who undertake \emph{noncommercial} distribution to
simply pass along a GPLv2~\S3(b)-compliant source code offer. The customer who
simply pass along a GPLv2~\S3(b)-compliant source code offer. The customer who
wishes to give a copy to her friend can now do so without provisioning the
source, as long as she gives that offer to her friend. By contrast, if
source, as long as she gives that offer to her friend. By contrast, if
she wanted to go into business for herself selling CDs of that software,
she would have to acquire the source and either comply via GPLv2~\S3(a), or
write her own GPLv2~\S3(b)-compliant source offer.
This process is precisely the reason why a GPLv2~\S3(b) source offer must be
valid for all third parties. At the time the offer is made, there is no
valid for all third parties. At the time the offer is made, there is no
way of knowing who might end up noncommercially receiving a copy of the
software. Companies who choose to comply via GPLv2~\S3(b) must thus be
prepared to honor all incoming source code requests. For this and the
software. Companies who choose to comply via GPLv2~\S3(b) must thus be
prepared to honor all incoming source code requests. For this and the
many other additional necessary complications under GPLv2~\S\S3(b--c), it is
only rarely a better option than complying via GPLv2~\S3(a).