diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index e015ea5c748ffe62ce48f198d6246368c6004a2e..ede00eb3dd6f41af1e516c3f0d8ca1a115590f74 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -3585,93 +3585,90 @@ the final sentence of GPLv2 section 7, which the FSF consider to be unnecessary. \section{GPLv3~\S13: The Great Affero Compromise} -The main purpose of clause 7b4 was to attain GPLv3 compatibility for the -additional condition of version 1 of the Affero GPL, with a view to -achieving compatibility for a future version, since version 1 was -incompatible with GPLv3.\footnote{Version 1 of the Affero GPL contains -its own copyleft clause, worded identically to that in GPLv2, which -conflicts with the copyleft clause in GPLv3. The Affero GPL permits -relicensing under versions of the GPL later than version 2, but only if -the later version ``includes terms and conditions substantially -equivalent to those of this license'' (Affero GPL, version 1, section -9). The Affero license was written with the expectation that its +The Affero GPL was written with the expectation that its additional requirement would be incorporated into the terms of GPLv3 -itself, rather than being placeable on parts added to a covered work -through the mechanism of section 7 of GPLv3.} However, we wrote the -clause broadly enough to cover a range of other possible terms that -would differ from the Affero condition in their details. Draft 3 no -longer pursues the more ambitious goal of allowing compatibility for a -whole category of Affero-like terms. In place of 7b4, we have added a -new section 13 that simply permits GPLv3-covered code to be linked with -code covered by the forthcoming version 2 of the Affero GPL. - -We have made this decision in the face of irreconcilable views from -different parts of our community. While we had known that many -commercial users of free software were opposed to the inclusion of a -mandatory Affero-like requirement in the body of GPLv3 itself, we were -surprised at their opposition to its availability through section 7. -Free software vendors allied to these users joined in their objections, -as did a number of free software developers arguing on ethical as well -as practical grounds. - -Some of this hostility seemed to be based on a misapprehension that -Affero-like terms placed on part of a covered work would somehow extend -to the whole of the work.\footnote{It is possible that the presence of -the GPLv2-derived copyleft clause in the existing Affero GPL contributed -to this misunderstanding.} Our explanations to the contrary did little -to satisfy these critics; their objections to 7b4 instead evolved into a -broader indictment of the additional requirements scheme of section 7. -It was clear, however, that much of the concern about 7b4 stemmed from -its general formulation. Many were alarmed at the prospect of GPLv3 -compatibility for numerous Affero-like licensing conditions, -unpredictable in their details but potentially having significant -commercial consequences. - -On the other hand, many developers, otherwise sympathetic to the policy -goals of the Affero GPL, have objected to the form of the additional -requirement in that license. These developers were generally -disappointed with our decision to allow Affero-like terms through -section 7, rather than adopt a condition for GPLv3. Echoing their -concerns about the Affero GPL itself, they found fault with the wording -of the section 7 clause in both of the earlier drafts. We drafted 7b4 -at a higher level than its Draft 1 counterpart based in part on comments -from these developers. They considered the Draft 1 clause too closely -tied to the Affero mechanism of preserving functioning facilities for -downloading source, which they found too restrictive of the right of -modification. The 7b4 rewording did not satisfy them, however. They -objected to its limitation to terms requiring compliance by network -transmission of source, and to the technically imprecise or inaccurate -use of the phrase ``same network session.'' - -We have concluded that any redrafting of the 7b4 clause would fail to -satisfy the concerns of both sets of its critics. The first group -maintains that GPLv3 should do nothing about the problem of public -use. The second group would prefer for GPLv3 itself to have an -Affero-like condition, but that seems to us too drastic. By permitting -GPLv3-covered code to be linked with code covered by version 2 of the -Affero GPL, the new section 13 honors our original commitment to -achieving GPL compatibility for the Affero license. - -Version 2 of the Affero GPL is not yet published. We will work with -Affero, Inc., and with all other interested members of our community, to -complete the drafting of this license following the release of Draft 3, -with a goal of having a final version available by the time of our -adoption of the final version of GPLv3. We hope the new Affero license -will satisfy those developers who are concerned about the issue of -public use of unconveyed versions but who have concerns about the -narrowness of the condition in the existing Affero license. - -As the second sentence in section 13 indicates, when a combined work is -made by linking GPLv3-covered code with Affero-covered code, the -copyleft on one part will not extend to the other part.\footnote{The -plan is that the additional requirement of the new Affero license will -state a reciprocal limitation.} That is to say, in such combinations, -the Affero requirement will apply only to the part that was brought into -the combination under the Affero license. Those who receive such a -combination and do not wish to use code under the Affero requirement may -remove the Affero-covered portion of the combination. - -Those who criticize the permission to link with code under the Affero +itself. Many software freedom advocates, including some authors of this +tutorial, advocated heavily for that, and fully expected it to happen. + +The FSF, however, chose not to include the Affero clause in GPLv3, due to +what it called ``irreconcilable views from +different parts of the community''. Many +commercial users of Free Software were opposed to the inclusion of a +mandatory Affero-like requirement in the body of GPLv3 itself. In fact, some +wealthier companies even threatened to permanently fund forks of many FSF +copyrighted-programs under GPLv2 if the Affero clause appeared in GPLv3. + +Meanwhile, there was disagreement even among copyleft enthusiasts about the +importance of the provision. A coalition never formed, and ultimately the +more powerful interest implicitly allied with the companies who deeply opposed +the Affero clause such that the FSF felt the Affero clause would need its own +license, but one compatible with GPLv3. + +GPLv3~\S13 makes GPLv3 compatible with the AGPLv3, so that at least code can +be shared between AGPLv3'd and GPLv3' projects, even if the Affero clause +does not automatically apply to all GPLv3'd works. + +%FIXME-LATER: no time to do this justice, will come back later, instead the +%above. + +%% Some of this hostility seemed to be based on a misapprehension that +%% Affero-like terms placed on part of a covered work would somehow extend +%% to the whole of the work.\footnote{It is possible that the presence of +%% the GPLv2-derived copyleft clause in the existing Affero GPL contributed +%% to this misunderstanding.} Our explanations to the contrary did little +%% to satisfy these critics; their objections to 7b4 instead evolved into a +%% broader indictment of the additional requirements scheme of section 7. +%% It was clear, however, that much of the concern about 7b4 stemmed from +%% its general formulation. Many were alarmed at the prospect of GPLv3 +%% compatibility for numerous Affero-like licensing conditions, +%% unpredictable in their details but potentially having significant +%% commercial consequences. + +%% On the other hand, many developers, otherwise sympathetic to the policy +%% goals of the Affero GPL, have objected to the form of the additional +%% requirement in that license. These developers were generally +%% disappointed with our decision to allow Affero-like terms through +%% section 7, rather than adopt a condition for GPLv3. Echoing their +%% concerns about the Affero GPL itself, they found fault with the wording +%% of the section 7 clause in both of the earlier drafts. We drafted 7b4 +%% at a higher level than its Draft 1 counterpart based in part on comments +%% from these developers. They considered the Draft 1 clause too closely +%% tied to the Affero mechanism of preserving functioning facilities for +%% downloading source, which they found too restrictive of the right of +%% modification. The 7b4 rewording did not satisfy them, however. They +%% objected to its limitation to terms requiring compliance by network +%% transmission of source, and to the technically imprecise or inaccurate +%% use of the phrase ``same network session.'' + +%% We have concluded that any redrafting of the 7b4 clause would fail to +%% satisfy the concerns of both sets of its critics. The first group +%% maintains that GPLv3 should do nothing about the problem of public +%% use. The second group would prefer for GPLv3 itself to have an +%% Affero-like condition, but that seems to us too drastic. By permitting +%% GPLv3-covered code to be linked with code covered by version 2 of the +%% Affero GPL, the new section 13 honors our original commitment to +%% achieving GPL compatibility for the Affero license. + +%% Version 2 of the Affero GPL is not yet published. We will work with +%% Affero, Inc., and with all other interested members of our community, to +%% complete the drafting of this license following the release of Draft 3, +%% with a goal of having a final version available by the time of our +%% adoption of the final version of GPLv3. We hope the new Affero license +%% will satisfy those developers who are concerned about the issue of +%% public use of unconveyed versions but who have concerns about the +%% narrowness of the condition in the existing Affero license. + +%% As the second sentence in section 13 indicates, when a combined work is +%% made by linking GPLv3-covered code with Affero-covered code, the +%% copyleft on one part will not extend to the other part.\footnote{The +%% plan is that the additional requirement of the new Affero license will +%% state a reciprocal limitation.} That is to say, in such combinations, +%% the Affero requirement will apply only to the part that was brought into +%% the combination under the Affero license. Those who receive such a +%% combination and do not wish to use code under the Affero requirement may +%% remove the Affero-covered portion of the combination. + +Meanwhile, those who criticize the permission to link with code under the Affero GPL should recognize that most other free software licenses also permit such linking.