diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 7acc98202e1677397058680fa3b4883f78dff002..4118a8ab52724385fc6d3819ab9f2888f3054d49 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -3696,34 +3696,34 @@ No substantive changes have been made in sections 15 and 16. % FIXME-LATER: more, plus 17 -% FIXME: Section header needed here about choice of law. - -% FIXME: reword into tutorial - -Some have asked us to address the difficulties of internationalization -by including, or permitting the inclusion of, a choice of law -provision. We maintain that this is the wrong approach. Free -software licenses should not contain choice of law clauses, for both -legal and pragmatic reasons. Choice of law clauses are creatures of -contract, but the substantive rights granted by the GPL are defined -under applicable local copyright law. Contractual free software -licenses can operate only to diminish these rights. Choice of law -clauses also raise complex questions of interpretation when works of -software are created by combination and extension. There is also the -real danger that a choice of law clause will specify a jurisdiction -that is hostile to free software principles. - -% FIXME: reword into tutorial, \ref to section 7. - -Our revised version of section 7 makes explicit our view that the -inclusion of a choice of law clause by a licensee is the imposition of -an additional requirement in violation of the GPL. Moreover, if a -program author or copyright holder purports to supplement the GPL with -a choice of law clause, section 7 now permits any licensee to remove -that clause. - - -% FIXME: does this need to be a section, describing how it was out then in +% FIXME-LATER: Section header needed here about choice of law. + +% FIXME-LATER: reword into tutorial + +%% Some have asked us to address the difficulties of internationalization +%% by including, or permitting the inclusion of, a choice of law +%% provision. We maintain that this is the wrong approach. Free +%% software licenses should not contain choice of law clauses, for both +%% legal and pragmatic reasons. Choice of law clauses are creatures of +%% contract, but the substantive rights granted by the GPL are defined +%% under applicable local copyright law. Contractual free software +%% licenses can operate only to diminish these rights. Choice of law +%% clauses also raise complex questions of interpretation when works of +%% software are created by combination and extension. There is also the +%% real danger that a choice of law clause will specify a jurisdiction +%% that is hostile to free software principles. + +%% % FIXME-LATER: reword into tutorial, \ref to section 7. + +%% Our revised version of section 7 makes explicit our view that the +%% inclusion of a choice of law clause by a licensee is the imposition of +%% an additional requirement in violation of the GPL. Moreover, if a +%% program author or copyright holder purports to supplement the GPL with +%% a choice of law clause, section 7 now permits any licensee to remove +%% that clause. + + +% FIXME-LATER: does this need to be a section, describing how it was out then in % then out then in? :) Finally, the FSF shortened the section on ``How to Apply These