diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index a1ee0d8e7abe7ac023d429fe665f40c552f2851f..0116daa6e0c56c370077fa590edc9ebf8d814785 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2295,7 +2295,19 @@ violation\footnote{\label{German-reinstatement-footnote} While this is legally t upstream could make it effectively impossible for a downstream party to engage in a commercial redistribution pursuant to \hyperref[GPLv2s3]{GPLv2~\S3(a--b)}. (\S~\ref{upstream} in the Compliance - Guide portion of this tutorial discussed related details.)}. + Guide portion of this tutorial discussed related details.)}\footnote{In the larger + Free Software community, it is generally understood that the copyright permissions + of downstream parties are valid regardless whether someone on their distribution + chain may have lost their license, because their permissions come from the copyright + holder, and the license text grants those permissions (as long as one complies with + its conditions). From this perspective, the GPL's ``automatic downstream licensing'' + provision is a restatement or reinforcement of that obvious rule, not a new or + specific clause. This intuition is valuable and one can argue it is not unwarranted, + because, among others, there is a fundamental distinction in US copyright law between + material object (the copy) and the intellectual content (the work): the physical ``source'' + from where the downstream licensee got the copy doesn't preclude that they get a license + to the content from the copyright holder(s), i.e. the permissions under certain conditions + as spelled out in the text.}. Downstream's licensed rights are not dependent on compliance of their upstream, because their licenses issue directly from the copyright holder. Second, automatic