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Bradley M. Kuhn - 10 years ago 2014-02-16 02:26:27
bkuhn@fsf.org
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% gpl-buisness.tex                                                -*- LaTeX -*-
 
%      Tutorial Text for the GPL for Businesspeople and Developers course
 
%
 
% Copyright (C) 2003 Free Software Foundation, Inc.
 

	
 
% Verbatim copying and distribution of this entire document is permitted in
 
% any medium, provided this notice is preserved.
 

	
 
\documentclass[12pt]{report}
 
% FILTER_PS:  \input{generate-ps-file}
 
% FILTER_PDF: \input{generate-pdf-file}
 
% FILTER_HTML: \input{generate-html-file}
 
\input{one-inch-margins}
 

	
 
%\setlength\parskip{0.7em}
 
%\setlength\parindent{0pt}
 

	
 

	
 
\pagestyle{empty}
 

	
 
\begin{document}
 

	
 
\begin{titlepage}
 

	
 
{\Large
 

	
 
\begin{center}
 

	
 
\vspace{.5in}
 

	
 
{\sc The GNU General Public License for Businesspeople and Developers } \\
 

	
 
\vspace{1in}
 

	
 
A Tutorial By:
 

	
 
\vspace{.3in}
 
Bradley M. Kuhn
 

	
 
Executive Director
 

	
 
Free Software Foundation
 

	
 

	
 
\end{center}
 
}
 

	
 
\vfill
 

	
 
{\parindent 0in
 
Copyright \copyright{} 2003 \hspace{.2in} Free Software Foundation, Inc.
 

	
 
\vspace{.3in}
 

	
 
Verbatim copying and distribution of this entire document is permitted in
 
any medium, provided this notice is preserved.
 
}
 

	
 
\end{titlepage}
 

	
 
\begin{abstract}
 

	
 
This tutorial gives a section-by-section explanation of the most popular
 
Free Software copyright license, the GNU General Public License (GNU GPL),
 
and teaches software developers, managers and businesspeople how to use
 
the GPL and GPL'ed software successfully in new Free Software business and
 
in existing, successful enterprises.
 

	
 
Attendees should have a general familiarity with software development
 
processes.  A vague understanding of how copyright law applies to software
 
is also helpful.  The tutorial is of most interest to software developers
 
and managers who run software businesses that modify and/or redistribute
 
software under terms of the GNU GPL (or who wish to do so in the future),
 
and those who wish to make use of existing GPL'ed software in their
 
enterprise.
 

	
 
This tutorial introduces the GNU GPL and its terms to professionals who
 
are not well versed in the details of copyright law.  Presented by a
 
software developer and manager, this tutorial informs those who wish to
 
have a deeper understanding of how the GNU GPL uses copyright law to
 
protect software freedom and to assist in the formation of Free Software
 
businesses, and of the organizatinoal motivations behind the GNU GPL.
 

	
 
Upon completion of the tutorial, successful attendees can expect to have
 
learned the following:
 

	
 
\begin{itemize}
 

	
 
  \item the freedom-defending purpose of each term of the GNU GPL.
 

	
 
  \item the redistribution options under the GPL.
 

	
 
  \item the obligations when modifying GPL'ed software.
 

	
 
  \item how to properly apply the GPL to a new software.
 

	
 
  \item how to build a plan for proper and successful compliance with the GPL.
 

	
 
  \item the business advantages that the GPL provides.
 

	
 
  \item the most common business models used in conjunction with the GPL.
 

	
 
  \item how existing GPL'ed software can be used in existing enterprises.
 
\end{itemize}
 

	
 
\end{abstract}
 

	
 
\chapter{What Is Free Software?}
 

	
 
We begin our consideration of the GNU General Public License (herein,
 
abbreviated as ``GNU GPL'' or just ``GPL'') by first considering the
 
broader world of ``Free Software''.  The GPL was not created from a void,
 
rather, it was created to embody and defend a set of principles that were
 
set forth at the founding of the GNU project and the Free Software
 
Foundation (FSF), the organization that upholds, defends and promotes the
 
philosophy of software freedom.  To understand the point of the GPL and
 
its terms and conditions, we must first have a basic understanding of the
 
principles behind it.  The GPL is unlike most software licenses in that it
 
is designed to defend and uphold these principles.
 

	
 
\section{The Free Software Definition}
 

	
 
\href{http://www.fsf.org/philosophy/free-sw.html}{The Free Software
 
  Definition} is defined in full on the Free Software Foundation website
 
at \verb0http://www.fsf.org/philosophy/free-sw.html0.  Here, we give an
 
abbreviated version that will help us consider the terms of the GPL.
 

	
 
A particular program is Free Software if it grants you, a particular user
 
of that program, the following freedoms:
 

	
 
\begin{itemize}
 

	
 
\item the freedom to run the program for any purpose.
 

	
 
\item the freedom to change and modify the program.
 

	
 
\item the freedom to copy and share the program.
 

	
 
\item the freedom to share improved versions of the program.
 

	
 
\end{itemize}
 

	
 
\subsection{The Freedom to Run}
 

	
 
For a program to be Free Software, the freedom to run the program must be
 
completely unrestricted.  This means that any use for that software that
 
the user can come up with must be permitted.  Perhaps, for example, the
 
user has discovered an innovative new use for a particular program, one
 
that the programmer never could have predicted.  Such a use much not be
 
restricted.
 

	
 
\appendix
 

	
 
\chapter{The GNU General Public License}
 

	
 
\begin{center}
 
{\parindent 0in
 

	
 
Version 2, June 1991
 

	
 
Copyright \copyright\ 1989, 1991 Free Software Foundation, Inc.
 

	
 
\bigskip
 

	
 
59 Temple Place - Suite 330, Boston, MA  02111-1307, USA
 

	
 
\bigskip
 

	
 
Everyone is permitted to copy and distribute verbatim copies
 
of this license document, but changing it is not allowed.
 
}
 
\end{center}
 

	
 
\begin{center}
 
{\bf\large Preamble}
 
\end{center}
 

	
 

	
 
The licenses for most software are designed to take away your freedom to
 
share and change it.  By contrast, the GNU General Public License is
 
intended to guarantee your freedom to share and change free software---to
 
make sure the software is free for all its users.  This General Public
 
License applies to most of the Free Software Foundation's software and to
 
any other program whose authors commit to using it.  (Some other Free
 
Software Foundation software is covered by the GNU Library General Public
 
License instead.)  You can apply it to your programs, too.
 

	
 
When we speak of free software, we are referring to freedom, not price.
 
Our General Public Licenses are designed to make sure that you have the
 
freedom to distribute copies of free software (and charge for this service
 
if you wish), that you receive source code or can get it if you want it,
 
that you can change the software or use pieces of it in new free programs;
 
and that you know you can do these things.
 

	
 
To protect your rights, we need to make restrictions that forbid anyone to
 
deny you these rights or to ask you to surrender the rights.  These
 
restrictions translate to certain responsibilities for you if you
 
distribute copies of the software, or if you modify it.
 

	
 
For example, if you distribute copies of such a program, whether gratis or
 
for a fee, you must give the recipients all the rights that you have.  You
 
must make sure that they, too, receive or can get the source code.  And
 
you must show them these terms so they know their rights.
 

	
 
We protect your rights with two steps: (1) copyright the software, and (2)
 
offer you this license which gives you legal permission to copy,
 
distribute and/or modify the software.
 

	
 
Also, for each author's protection and ours, we want to make certain that
 
everyone understands that there is no warranty for this free software.  If
 
the software is modified by someone else and passed on, we want its
 
recipients to know that what they have is not the original, so that any
 
problems introduced by others will not reflect on the original authors'
 
reputations.
 

	
 
Finally, any free program is threatened constantly by software patents.
 
We wish to avoid the danger that redistributors of a free program will
 
individually obtain patent licenses, in effect making the program
 
proprietary.  To prevent this, we have made it clear that any patent must
 
be licensed for everyone's free use or not licensed at all.
 

	
 
The precise terms and conditions for copying, distribution and
 
modification follow.
 

	
 
\begin{center}
 
{\large \sc Terms and Conditions For Copying, Distribution and
 
  Modification}
 
\end{center}
 

	
 

	
 
%\renewcommand{\theenumi}{\alpha{enumi}}
 
\begin{enumerate}
 

	
 
\addtocounter{enumi}{-1}
 

	
 
\item 
 

	
 
This License applies to any program or other work which contains a notice
 
placed by the copyright holder saying it may be distributed under the
 
terms of this General Public License.  The ``Program'', below, refers to
 
any such program or work, and a ``work based on the Program'' means either
 
the Program or any derivative work under copyright law: that is to say, a
 
work containing the Program or a portion of it, either verbatim or with
 
modifications and/or translated into another language.  (Hereinafter,
 
translation is included without limitation in the term ``modification''.)
 
Each licensee is addressed as ``you''.
 

	
 
Activities other than copying, distribution and modification are not
 
covered by this License; they are outside its scope.  The act of
 
running the Program is not restricted, and the output from the Program
 
is covered only if its contents constitute a work based on the
 
Program (independent of having been made by running the Program).
 
Whether that is true depends on what the Program does.
 

	
 
\item You may copy and distribute verbatim copies of the Program's source
 
  code as you receive it, in any medium, provided that you conspicuously
 
  and appropriately publish on each copy an appropriate copyright notice
 
  and disclaimer of warranty; keep intact all the notices that refer to
 
  this License and to the absence of any warranty; and give any other
 
  recipients of the Program a copy of this License along with the Program.
 

	
 
You may charge a fee for the physical act of transferring a copy, and you
 
may at your option offer warranty protection in exchange for a fee.
 

	
 
\item
 

	
 
You may modify your copy or copies of the Program or any portion
 
of it, thus forming a work based on the Program, and copy and
 
distribute such modifications or work under the terms of Section 1
 
above, provided that you also meet all of these conditions:
 

	
 
\begin{enumerate}
 

	
 
\item 
 

	
 
You must cause the modified files to carry prominent notices stating that
 
you changed the files and the date of any change.
 

	
 
\item
 

	
 
You must cause any work that you distribute or publish, that in
 
whole or in part contains or is derived from the Program or any
 
part thereof, to be licensed as a whole at no charge to all third
 
parties under the terms of this License.
 

	
 
\item
 
If the modified program normally reads commands interactively
 
when run, you must cause it, when started running for such
 
interactive use in the most ordinary way, to print or display an
 
announcement including an appropriate copyright notice and a
 
notice that there is no warranty (or else, saying that you provide
 
a warranty) and that users may redistribute the program under
 
these conditions, and telling the user how to view a copy of this
 
License.  (Exception: if the Program itself is interactive but
 
does not normally print such an announcement, your work based on
 
the Program is not required to print an announcement.)
 

	
 
\end{enumerate}
 

	
 

	
 
These requirements apply to the modified work as a whole.  If
 
identifiable sections of that work are not derived from the Program,
 
and can be reasonably considered independent and separate works in
 
themselves, then this License, and its terms, do not apply to those
 
sections when you distribute them as separate works.  But when you
 
distribute the same sections as part of a whole which is a work based
 
on the Program, the distribution of the whole must be on the terms of
 
this License, whose permissions for other licensees extend to the
 
entire whole, and thus to each and every part regardless of who wrote it.
 

	
 
Thus, it is not the intent of this section to claim rights or contest
 
your rights to work written entirely by you; rather, the intent is to
 
exercise the right to control the distribution of derivative or
 
collective works based on the Program.
 

	
 
In addition, mere aggregation of another work not based on the Program
 
with the Program (or with a work based on the Program) on a volume of
 
a storage or distribution medium does not bring the other work under
 
the scope of this License.
 

	
 
\item
 
You may copy and distribute the Program (or a work based on it,
 
under Section 2) in object code or executable form under the terms of
 
Sections 1 and 2 above provided that you also do one of the following:
 

	
 
\begin{enumerate}
 

	
 
\item
 

	
 
Accompany it with the complete corresponding machine-readable
 
source code, which must be distributed under the terms of Sections
 
1 and 2 above on a medium customarily used for software interchange; or,
 

	
 
\item
 

	
 
Accompany it with a written offer, valid for at least three
 
years, to give any third party, for a charge no more than your
 
cost of physically performing source distribution, a complete
 
machine-readable copy of the corresponding source code, to be
 
distributed under the terms of Sections 1 and 2 above on a medium
 
customarily used for software interchange; or,
 

	
 
\item
 

	
 
Accompany it with the information you received as to the offer
 
to distribute corresponding source code.  (This alternative is
 
allowed only for noncommercial distribution and only if you
 
received the program in object code or executable form with such
 
an offer, in accord with Subsection b above.)
 

	
 
\end{enumerate}
 

	
 

	
 
The source code for a work means the preferred form of the work for
 
making modifications to it.  For an executable work, complete source
 
code means all the source code for all modules it contains, plus any
 
associated interface definition files, plus the scripts used to
 
control compilation and installation of the executable.  However, as a
 
special exception, the source code distributed need not include
 
anything that is normally distributed (in either source or binary
 
form) with the major components (compiler, kernel, and so on) of the
 
operating system on which the executable runs, unless that component
 
itself accompanies the executable.
 

	
 
If distribution of executable or object code is made by offering
 
access to copy from a designated place, then offering equivalent
 
access to copy the source code from the same place counts as
 
distribution of the source code, even though third parties are not
 
compelled to copy the source along with the object code.
 

	
 
\item
 
You may not copy, modify, sublicense, or distribute the Program
 
except as expressly provided under this License.  Any attempt
 
otherwise to copy, modify, sublicense or distribute the Program is
 
void, and will automatically terminate your rights under this License.
 
However, parties who have received copies, or rights, from you under
 
this License will not have their licenses terminated so long as such
 
parties remain in full compliance.
 

	
 
\item
 
You are not required to accept this License, since you have not
 
signed it.  However, nothing else grants you permission to modify or
 
distribute the Program or its derivative works.  These actions are
 
prohibited by law if you do not accept this License.  Therefore, by
 
modifying or distributing the Program (or any work based on the
 
Program), you indicate your acceptance of this License to do so, and
 
all its terms and conditions for copying, distributing or modifying
 
the Program or works based on it.
 

	
 
\item
 
Each time you redistribute the Program (or any work based on the
 
Program), the recipient automatically receives a license from the
 
original licensor to copy, distribute or modify the Program subject to
 
these terms and conditions.  You may not impose any further
 
restrictions on the recipients' exercise of the rights granted herein.
 
You are not responsible for enforcing compliance by third parties to
 
this License.
 

	
 
\item
 
If, as a consequence of a court judgment or allegation of patent
 
infringement or for any other reason (not limited to patent issues),
 
conditions are imposed on you (whether by court order, agreement or
 
otherwise) that contradict the conditions of this License, they do not
 
excuse you from the conditions of this License.  If you cannot
 
distribute so as to satisfy simultaneously your obligations under this
 
License and any other pertinent obligations, then as a consequence you
 
may not distribute the Program at all.  For example, if a patent
 
license would not permit royalty-free redistribution of the Program by
 
all those who receive copies directly or indirectly through you, then
 
the only way you could satisfy both it and this License would be to
 
refrain entirely from distribution of the Program.
 

	
 
If any portion of this section is held invalid or unenforceable under
 
any particular circumstance, the balance of the section is intended to
 
apply and the section as a whole is intended to apply in other
 
circumstances.
 

	
 
It is not the purpose of this section to induce you to infringe any
 
patents or other property right claims or to contest validity of any
 
such claims; this section has the sole purpose of protecting the
 
integrity of the free software distribution system, which is
 
implemented by public license practices.  Many people have made
 
generous contributions to the wide range of software distributed
 
through that system in reliance on consistent application of that
 
system; it is up to the author/donor to decide if he or she is willing
 
to distribute software through any other system and a licensee cannot
 
impose that choice.
 

	
 
This section is intended to make thoroughly clear what is believed to
 
be a consequence of the rest of this License.
 

	
 
\item
 
If the distribution and/or use of the Program is restricted in
 
certain countries either by patents or by copyrighted interfaces, the
 
original copyright holder who places the Program under this License
 
may add an explicit geographical distribution limitation excluding
 
those countries, so that distribution is permitted only in or among
 
countries not thus excluded.  In such case, this License incorporates
 
the limitation as if written in the body of this License.
 

	
 
\item
 
The Free Software Foundation may publish revised and/or new versions
 
of the General Public License from time to time.  Such new versions will
 
be similar in spirit to the present version, but may differ in detail to
 
address new problems or concerns.
 

	
 
Each version is given a distinguishing version number.  If the Program
 
specifies a version number of this License which applies to it and ``any
 
later version'', you have the option of following the terms and conditions
 
either of that version or of any later version published by the Free
 
Software Foundation.  If the Program does not specify a version number of
 
this License, you may choose any version ever published by the Free Software
 
Foundation.
 

	
 
\item
 
If you wish to incorporate parts of the Program into other free
 
programs whose distribution conditions are different, write to the author
 
to ask for permission.  For software which is copyrighted by the Free
 
Software Foundation, write to the Free Software Foundation; we sometimes
 
make exceptions for this.  Our decision will be guided by the two goals
 
of preserving the free status of all derivatives of our free software and
 
of promoting the sharing and reuse of software generally.
 

	
 
\begin{center}
 
{\Large\sc
 
No Warranty
 
}
 
\end{center}
 

	
 
\item
 
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
 
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN
 
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
 
PROVIDE THE PROGRAM ``AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
 
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS
 
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
 
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
 
REPAIR OR CORRECTION.
 

	
 
\item
 
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
 
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
 
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
 
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
 
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
 
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
 
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
 
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
 
POSSIBILITY OF SUCH DAMAGES.
 
\end{enumerate}
 

	
 

	
 
\begin{center}
 
{\large\sc End of Terms and Conditions}
 
\end{center}
 

	
 

	
 
\section*{Appendix: How to Apply These Terms to Your New Programs}
 

	
 
If you develop a new program, and you want it to be of the greatest
 
possible use to the public, the best way to achieve this is to make it
 
free software which everyone can redistribute and change under these
 
terms.
 

	
 
  To do so, attach the following notices to the program.  It is safest to
 
  attach them to the start of each source file to most effectively convey
 
  the exclusion of warranty; and each file should have at least the
 
  ``copyright'' line and a pointer to where the full notice is found.
 

	
 
\begin{quote}
 
one line to give the program's name and a brief idea of what it does. \\
 
Copyright (C) yyyy  name of author \\
 

	
 
This program is free software; you can redistribute it and/or modify
 
it under the terms of the GNU General Public License as published by
 
the Free Software Foundation; either version 2 of the License, or
 
(at your option) any later version.
 

	
 
This program is distributed in the hope that it will be useful,
 
but WITHOUT ANY WARRANTY; without even the implied warranty of
 
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 
GNU General Public License for more details.
 

	
 
You should have received a copy of the GNU General Public License
 
along with this program; if not, write to the Free Software
 
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA  02111-1307, USA.
 
\end{quote}
 

	
 
Also add information on how to contact you by electronic and paper mail.
 

	
 
If the program is interactive, make it output a short notice like this
 
when it starts in an interactive mode:
 

	
 
\begin{quote}
 
Gnomovision version 69, Copyright (C) yyyy  name of author \\
 
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. \\
 
This is free software, and you are welcome to redistribute it
 
under certain conditions; type `show c' for details.
 
\end{quote}
 

	
 

	
 
The hypothetical commands {\tt show w} and {\tt show c} should show the
 
appropriate parts of the General Public License.  Of course, the commands
 
you use may be called something other than {\tt show w} and {\tt show c};
 
they could even be mouse-clicks or menu items---whatever suits your
 
program.
 

	
 
You should also get your employer (if you work as a programmer) or your
 
school, if any, to sign a ``copyright disclaimer'' for the program, if
 
necessary.  Here is a sample; alter the names:
 

	
 
\begin{quote}
 
Yoyodyne, Inc., hereby disclaims all copyright interest in the program \\
 
`Gnomovision' (which makes passes at compilers) written by James Hacker. \\
 

	
 
signature of Ty Coon, 1 April 1989 \\
 
Ty Coon, President of Vice
 
\end{quote}
 

	
 

	
 
This General Public License does not permit incorporating your program
 
into proprietary programs.  If your program is a subroutine library, you
 
may consider it more useful to permit linking proprietary applications
 
with the library.  If this is what you want to do, use the GNU Library
 
General Public License instead of this License.
 

	
 
\end{document}
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