@@ -55,7 +55,7 @@ to have learned the following:
\item The differences between GPLv2 and GPLv3.
\item The redistribution options under the GPLv2 and GPLv3.
\item The redistribution options under GPLv2 and GPLv3.
\item The obligations when modifying GPLv2'd or GPLv3'd software.
@@ -68,7 +68,7 @@ to have learned the following:
\item How existing GPL'd software can be used in existing enterprises.
\item The basics of LGPLv2.1 and LGPLv3, and how they
differ from the GPLv2 and GPLv3, respectively.
differ from GPLv2 and GPLv3, respectively.
\item The basics to begin understanding the complexities regarding
derivative and combined works of software.
@@ -825,7 +825,7 @@ issues discussed earlier in \S~\ref{software-and-non-copyright}.
In January 1989, the FSF announced that the GPL had been converted into a
``subroutine'' that could be reused not just for all FSF-copyrighted
programs, but also by anyone else. As the FSF claimed in its announcement of
the GPLv1:\footnote{The announcement of GPLv1 was published in the
GPLv1:\footnote{The announcement of GPLv1 was published in the
\href{http://www.gnu.org/bulletins/bull6.html\#SEC8}{GNU's Bulletin, vol 1,
number 6 dated January 1989}. (Thanks very much to Andy Tai for his
\href{http://www.free-soft.org/gpl_history/}{consolidation of research on
@@ -1064,8 +1064,8 @@ access to is and should remain unregulated and unrestricted.
\medskip
Thus, the GPLv2 protects users' fair and unregulated use rights precisely by
not attempting to cover them. Furthermore, the GPLv2 ensures the freedom
Thus, GPLv2 protects users' fair and unregulated use rights precisely by
not attempting to cover them. Furthermore, GPLv2 ensures the freedom
to run specifically by stating the following:
\begin{quote}
''The act of running the Program is not restricted.''
@@ -1511,7 +1511,7 @@ discussions and considerations in this chapter.
The question of derivative works, when and how they are made, is undoubtedly
an essential discussion in the interpretation and consideration of copyleft.
That is why this chapter was included in this tutorial. However, as we
return from this digression and resume discussion of the detailed text of the
return from this digression and resume discussion of the detailed text of
GPLv2, we must gain a sense of perspective: most GPL questions center around
questions of modification and distribution, not preparation of derivative
works. Derivative work preparation is ultimately a small subset of the types
@@ -1744,7 +1744,7 @@ 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
of this License'', GPLv2. When an entity \emph{chooses} to redistribute
a work based on 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).
@@ -2050,10 +2050,10 @@ restrictions placed on the licensee, but those differences are not likely
to prevent the application of the implied license doctrine to Free
Software, because software licensed under the GPL grants the licensee the
right to make, use, and sell the software, each of which are exclusive
rights of a patent holder. Therefore, although the GPLv2 does not expressly
rights of a patent holder. Therefore, although GPLv2 does not expressly
grant the licensee the right to do those things under any patents the
licensor may have that cover the software or its reasonably contemplated
uses, by licensing the software under the GPLv2, the distributor impliedly
uses, by licensing the software under GPLv2, the distributor impliedly
licenses those patents to the GPLv2 licensee with respect to the GPLv2'd
software.
@@ -2083,7 +2083,7 @@ patented article, not just the direct recipient from the distributor.
This theory comports well with the idea of Free Software, whereby software
is distributed among many entities within the community for the purpose
of constant evolution and improvement. In this way, the law of implied
patent license used by the GPLv2 ensures that the community mutually
patent license used by GPLv2 ensures that the community mutually
benefits from the licensing of patents to any single community member.
Note that simply because GPLv2'd software has an implied patent license does
@@ -2095,10 +2095,10 @@ against either:
\renewcommand{\theenumi}{\alph{enumi}}
\renewcommand{\labelenumi}{\textup{(\theenumi)}}
\item any software other than that licensed under the GPLv2 by the patent
\item any software other than that licensed under GPLv2 by the patent
holder, and
\item any party that does not comply with the GPLv2
\item any party that does not comply with GPLv2
with respect to the licensed software.
\end{enumerate}
@@ -2106,35 +2106,35 @@ with respect to the licensed software.
\newcommand{\compA}{$\mathcal{A}$}
For example, if Company \compA{} has a patent on advanced Web browsing, but
also licenses a Web browsing program under the GPLv2, then it
also licenses a Web browsing program under GPLv2, then it
cannot assert the patent against any party based on that party's use of
Company \compA{}'s GPL'd Web browsing software program, or on that party's
creation and use of modified versions of that GPL'd program. However, if a
party uses that program without
complying with the GPLv2, then Company \compA{} can assert both copyright
complying with GPLv2, then Company \compA{} can assert both copyright
infringement claims against the non-GPLv2-compliant party and
infringement of the patent, because the implied patent license only
extends to use of the software in accordance with the GPLv2. Further, if
extends to use of the software in accordance with GPLv2. Further, if
Company \compB{} distributes a competitive advanced Web browsing program
that is not a modified version of Company \compA{}'s GPL'd Web browsing software
program, Company \compA{} is free to assert its patent against any user or
distributor of that product. It is irrelevant whether Company \compB's
program is also distributed under the GPLv2, as Company \compB{} can not grant
program is also distributed under GPLv2, as Company \compB{} can not grant
implied licenses to Company \compA's patent.
This result also reassures companies that they need not fear losing their
proprietary value in patents to competitors through the GPLv2 implied patent
license, as only those competitors who adopt and comply with the GPLv2's
license, as only those competitors who adopt and comply with GPLv2's
terms can benefit from the implied patent license. To continue the
example above, Company \compB{} does not receive a free ride on Company
\compA's patent, as Company \compB{} has not licensed-in and then
redistributed Company A's advanced Web browser under the GPLv2. If Company
redistributed Company A's advanced Web browser under GPLv2. If Company
\compB{} does do that, however, Company \compA{} still has not lost
competitive advantage against Company \compB{}, as Company \compB{} must then,
when it re-distributes Company \compA's program, grant an implied license
to any of its patents that cover the program. Further, if Company \compB{}
relicenses an improved version of Company A's program, it must do so under
the GPLv2, meaning that any patents it holds that cover the improved version
GPLv2, meaning that any patents it holds that cover the improved version
are impliedly licensed to any licensee. As such, the only way Company
\compB{} can benefit from Company \compA's implied patent license, is if it,
itself, distributes Company \compA's software program and grants an
@@ -2145,7 +2145,7 @@ implied patent license to any of its patents that cover that program.
Chapters~\ref{run-and-verbatim} and~\ref{source-and-binary} presented the
core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3.
GPLv2\S\S~4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are
GPLv2\S\S~4--7 of GPLv2 are designed to ensure that GPLv2~\S\S0--3 are
not infringed, are enforceable, are kept to the confines of copyright law but
also not trumped by other copyright agreements or components of other
entirely separate legal systems. In short, while GPLv2~\S\S0--3 are the parts
@@ -2259,7 +2259,7 @@ distribution chain, that each licensor can pass along the license to each
new licensee. Under GPLv2~\S6, the act of distributing automatically grants a
license from the original licensor to the next recipient. This creates a
chain of grants that ensure that everyone in the distribution has rights
under the GPLv2\@. In a mathematical sense, this bounds the bottom ---
under GPLv2\@. In a mathematical sense, this bounds the bottom ---
making sure that future licensees get no fewer rights than the licensee before.
The second sentence of GPLv2~\S6 does the opposite; it bounds from the top. It
@@ -2367,8 +2367,8 @@ GPLv2~\S8 was not included at all in GPLv3.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Odds, Ends, and Absolutely No Warranty}
GPLv2~\S\S0--7 constitute the freedom-defending terms of the GPLv2. The remainder
of the GPLv2 handles administrivia and issues concerning warranties and
GPLv2~\S\S0--7 constitute the freedom-defending terms of GPLv2. The remainder
of GPLv2 handles administrivia and issues concerning warranties and
liability.
\section{GPLv2~\S9: FSF as Stewards of GPL}
@@ -2504,7 +2504,7 @@ This chapter seeks to explain GPLv3 to newcomers, who perhaps are familiar
with GPLv2 and who did not participate in the GPLv3 process.
Those who wish to drink from the firehose and take a diachronic approach to
GPLv3 study by reading the step-by-step public drafting process of the GPLv3 (which
GPLv3 study by reading the step-by-step public drafting process of GPLv3 (which
occurred from Monday 16 January 2006 through Monday 19 November 2007) should
visit \url{http://gplv3.fsf.org/}.
@@ -2622,7 +2622,7 @@ definition. GPLv3 offers a single term ``covered work'', which enables some
of the wording in GPLv3 to be simpler and clearer than its GPLv2
counterparts.
Next, to avoid locking GPLv3 into specific copyright statues, the GPLv3
Next, to avoid locking GPLv3 into specific copyright statues, GPLv3
defines two terms that are otherwise exotic to the language of international
copyright.
@@ -2659,7 +2659,7 @@ international copyright treaties, recognize ``making available to the
public'' or ``communication to the public'' as one of the exclusive rights of
copyright holders.
Therefore, the GPLv3 defines the term ``propagate'' by reference to activities
Therefore, GPLv3 defines the term ``propagate'' by reference to activities
that require permission under ``applicable copyright law'', but excludes
execution and private modification from the definition. GPLv3's definition
also gives examples of activities that may be included within ``propagation''
@@ -2857,7 +2857,7 @@ permitted without limitation and activities that trigger additional
requirements. Specifically, GPLv3~\S2\P2 guarantees the basic freedoms of
privately modifying and running the program. While these basic freedoms were
generally considered a standard part of users' rights under GPLv2 as well,
the GPLv3 states them herein more explicitly. In other words, there is no
GPLv3 states them herein more explicitly. In other words, there is no
direct analog to the first sentence of GPLv3~\S2\P2 in GPLv2
(See \S~\ref{gplv2-private-modification} of this tutorial for more on this issue.)
@@ -3009,7 +3009,7 @@ software.
\label{GPLv3s4}
GPLv3~\S4 is a revision of GPLv2~\S1 (as discussed in \S~\ref{GPLv2s1} of
this tutorial). There are almost no changes to this section from the
this tutorial). There are almost no changes to this section from
GPLv2~\S1, other than to use the new defined terms.
The only notable change, of ``a fee'' to ``any price or no price'', is in the
@@ -3031,7 +3031,7 @@ To address these two issues, GPLv3 says ``price'' in place of ``fee,'' and
removes the term ``physical.''
GPLv3~\S4 has also been revised from its corresponding section in GPLv2 in
light of the GPLv3~\S7 (see \S~\ref{GPLv3s7} in this tutorial for more).
light of GPLv3~\S7 (see \S~\ref{GPLv3s7} in this tutorial for more).
Specifically, a distributor of verbatim copies of the program's source code
must obey any existing additional terms that apply to parts of the program
pursuant to GPLv3~\S7. In addition, the distributor is required to keep
@@ -3115,7 +3115,7 @@ code. However, unlike in GPLv2, that offer cannot be exercised by any third
party; rather, only those ``who possess the object code'' can exercise
the offer. (Note that this is a substantial narrowing of requirements of
offer fulfillment, and is a wonderful counterexample to dispute claims that
the GPLv3 has more requirements than GPLv2.)
GPLv3 has more requirements than GPLv2.)
% FIXME: probably mostly still right, needs some updates, though.
@@ -3595,7 +3595,7 @@ it sets clear guidelines regarding the removal and addition of these
additional terms. With its carefully limited list of allowed additional
requirements, GPLv3\S7 accomplishes additional objectives as well, since it
permits the expansion of the base of code available for GPL developers, while
also encouraging useful experimentation with requirements the GPLv3 does not
also encouraging useful experimentation with requirements GPLv3 does not
include by default.
However, any other non-permissive additional terms apart from those stated
@@ -3801,7 +3801,7 @@ partly for this concession.
Therefore, GPLv3~\S11 introduces the terms ``contributor'', ``contributor version'', and
``essential patent claims'', which are
used in the GPLv3~\S11\P3. Viewed from the perspective of a recipient of the
used in GPLv3~\S11\P3. Viewed from the perspective of a recipient of the
Program, contributors include all the copyright holders for the Program,
other than copyright holders of material originally licensed under non-GPL
terms and later incorporated into a GPL-covered work. The contributors are