@@ -1946,52 +1946,52 @@ those who have not violated --- terminate automatically.
GPLv2~\S4 makes GPLv2 enforceable. If licensees fail to adhere to the
license, then they are stuck without any permission under to engage in
activities covered by copyright law. They must completely cease and desist
from all copying, modification and distribution of the GPL'd software.
At that point, violating licensees must gain the forgiveness of the copyright
holders to have their rights restored. Alternatively, the violators could
negotiate another agreement, separate from GPL, with the copyright
holder. Both are common practice, although
\tutorialpartsplit{as discussed in \textit{A Practical Guide to GPL
Compliance}, there are }{Chapter~\ref{compliance-understanding-whos-enforcing}
explains further } key differences between these two very different uses of GPL.
\section{GPLv2~\S5: Acceptance, Copyright Style}
\label{GPLv2s5}
GPLv2~\S5 brings us to perhaps the most fundamental misconception and common
confusion about GPLv2\@. Because of the prevalence of proprietary software,
most users, programmers, and lawyers alike tend to be more familiar with
EULAs. EULAs are believed by their authors to be contracts, requiring
formal agreement between the licensee and the software distributor to be
valid. This has led to mechanisms like ``shrink-wrap'' and ``click-wrap''
as mechanisms to perform acceptance ceremonies with EULAs.
The GPL does not need contract law to ``transfer rights.'' No rights
are transfered between parties. By contrast, the GPL is a permission
The GPL does not need contract law to ``transfer rights.'' Usually, no rights
are transfered between parties. By contrast, the GPL is primarily a permission
slip to undertake activities that would otherwise have been prohibited
by copyright law. As such, it needs no acceptance ceremony; the
by copyright law. As such, GPL needs no acceptance ceremony; the
licensee is not even required to accept the license.
However, without the GPL, the activities of copying, modifying and
distributing the software would have otherwise been prohibited. So, the
GPL says that you only accepted the license by undertaking activities that
you would have otherwise been prohibited without your license under GPL\@.
This is a certainly subtle point, and requires a mindset quite different
from the contractual approach taken by EULA authors.
An interesting side benefit to GPLv2~\S5 is that the bulk of users of Free
Software are not required to accept the license. Undertaking fair and
unregulated use of the work, for example, does not bind you to the GPL,
since you are not engaging in activity that is otherwise controlled by
copyright law. Only when you engage in those activities that might have an
impact on the freedom of others does license acceptance occur, and the
terms begin to bind you to fair and equitable sharing of the software. In
other words, the GPL only kicks in when it needs to for the sake of
freedom.
\section{Using GPL Both as a Contract and Copyright License}
\section{GPLv2~\S6: GPL, My One and Only}
\label{GPLv2s6}