Changeset - 6d116fa1f310
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-18 22:04:51
bkuhn@ebb.org
Various wordsmith and formatting changes.
1 file changed with 32 insertions and 31 deletions:
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gpl-lgpl.tex
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@@ -1898,59 +1898,60 @@ implied patent license to any of its patents that cover that program.
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Defending Freedom on Many Fronts}
 

	
 
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. \S\S
 
4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are not infringed,
 
are enforceable, are kept to the confines of copyright law, and are not
 
trumped by other copyright agreements or components of other entirely
 
separate legal systems. In short, while GPLv2~\S\S0--3 are the parts of the
 
license that defend the freedoms of users and programmers, GPLv2~\S\S4--7 are
 
the parts of the license that keep the playing field clear so that \S\S
 
0--3 can do their jobs.
 
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
 
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
 
of the license that defend the freedoms of users and programmers,
 
GPLv2~\S\S4--7 are the parts of the license that keep the playing field clear
 
so that \S\S 0--3 can do their jobs.
 

	
 
\section{GPLv2~\S4: Termination on Violation}
 
\label{GPLv2s4}
 

	
 
GPLv2~\S4 is GPLv2's termination clause. Upon first examination, it seems
 
GPLv2~\S4 is GPLv2's termination clause.  Upon first examination, it seems
 
strange that a license with the goal of defending users' and programmers'
 
freedoms for perpetuity in an irrevocable way would have such a clause.
 
However, upon further examination, the difference between irrevocability
 
and this termination clause becomes clear.
 

	
 
The GPL is irrevocable in the sense that once a copyright holder grants
 
rights for someone to copy, modify and redistribute the software under
 
terms of the GPL, they cannot later revoke that grant. Since the GPL has
 
no provision allowing the copyright holder to take such a prerogative, the
 
rights for someone to copy, modify and redistribute the software under terms
 
of the GPL, they cannot later revoke that grant.  Since the GPL has no
 
provision allowing the copyright holder to take such a prerogative, the
 
license is granted as long as the copyright remains in effect.\footnote{In
 
  the USA, due to unfortunate legislation, the length of copyright is
 
  nearly perpetual, even though the Constitution forbids perpetual
 
  copyright.} The copyright holder has the right to relicense the same
 
work under different licenses (see Section~\ref{Proprietary Relicensing}
 
of this tutorial), or to stop distributing the GPLv2'd version (assuming \S
 
3(b) was never used), but she may not revoke the rights under GPLv2
 
already granted.
 
  the USA, due to unfortunate legislation, the length of copyright is nearly
 
  perpetual, even though the Constitution forbids perpetual copyright.} The
 
copyright holders have the right to relicense the same work under different
 
licenses (see Section~\ref{Proprietary Relicensing} of this tutorial), or to
 
stop distributing the GPLv2'd version (assuming GPLv2~\S3(b) was never used),
 
but they may not revoke the rights under GPLv2 already granted.
 

	
 
In fact, when an entity looses their right to copy, modify and distribute
 
GPL'd software, it is because of their \emph{own actions}, not that of
 
the copyright holder. The copyright holder does not decided when GPLv2~\S4
 
termination occurs (if ever), the actions of the licensee does.
 
GPL'd software, it is because of their \emph{own actions}, not that of the
 
copyright holder.  The copyright holder does not decided when GPLv2~\S4
 
termination occurs (if ever); rather, the actions of the licensee determine
 
that.
 

	
 
Under copyright law, the GPL has granted various rights and freedoms to
 
the licensee to perform specific types of copying, modification, and
 
redistribution. By default, all other types of copying, modification, and
 
redistribution are prohibited. GPLv2~\S4 says that if you undertake any of
 
redistribution.  By default, all other types of copying, modification, and
 
redistribution are prohibited.  GPLv2~\S4 says that if you undertake any of
 
those other types (e.g., redistributing binary-only in violation of GPLv2~\S3),
 
then all rights under the license --- even those otherwise permitted for
 
those who have not violated --- terminate automatically.
 

	
 
GPLv2~\S4 gives GPLv2 teeth. If licensees fail to adhere to the license, then
 
they are stuck. They must completely cease and desist from all
 
copying, modification and distribution of that GPL'd software.
 
GPLv2~\S4 makes GPLv2 enforceable.  If licensees fail to adhere to the
 
license, then they are stuck without any permission under to engage in
 
activities covered by copyright law.  They must completely cease and desist
 
from all copying, modification and distribution of the GPL'd software.
 

	
 
At that point, violating licensees must gain the forgiveness of the
 
copyright holder to have their rights restored. Alternatively, they could
 
At that point, violating licensees must gain the forgiveness of the copyright
 
holders to have their rights restored.  Alternatively, the violators could
 
negotiate another agreement, separate from GPL, with the copyright
 
holder. Both are common practice.
 
holder.  Both are common practice.
 

	
 
At FSF, it is part of the mission to spread software freedom. When FSF
 
enforces GPL, the goal is to bring the violator back into compliance as
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