Changeset - 88388e6d24e6
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 10 years ago 2014-03-20 09:38:49
bkuhn@ebb.org
Merge together text that explains propagation.
1 file changed with 29 insertions and 54 deletions:
0 comments (0 inline, 0 general)
gpl-lgpl.tex
Show inline comments
...
 
@@ -2319,45 +2319,34 @@ 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.
 

	
 

	
 
% FIXME: does propagate  definition still work the same way in final draft?
 
\section{Propagate}
 

	
 
The term ``propagate'' serves two purposes.  First, ``propagate'' provides a
 
simple and convenient means for distinguishing between the kinds of uses of a
 
work that the GPL imposes conditions on and the kinds of uses that the GPL
 
does not (for the most part) impose conditions on.
 

	
 
Second, ``propagate'' furthers our goal of making the license as global as
 
possible in its wording and effect.  When a work is licensed under the GPL,
 
the copyright law of some particular country will govern certain legal issues
 
arising under the license.  A term like ``distribute'' or its equivalent in
 
languages other than English, is used in several national copyright statutes.
 

	
 
Practical experience with GPLv2 revealed the awkwardness of using the
 
term ``distribution'' in a license intended for global use.  
 
The scope of ``distribution'' in the copyright context can differ from
 
country to country.  The GPL does not seek to necessarily use the specific
 
meaning of ``distribution'' that exists under United States copyright law or
 
any other country's copyright law.
 

	
 
%FIXME: rewrite, FSF third person,e tc.
 

	
 
Even within a single country and language, the term distribution may be
 
ambiguous; as a legal term of art, distribution varies significantly in
 
meaning among those countries that recognize it.  For example, we have been
 
told that in at least one country distribution may not include network
 
transfers of software but may include interdepartmental transfers of physical
 
copies within an organization.  In many countries the term ``making available
 
to the public'' or ``communicating to the public'' is the closest counterpart
 
to the generalized notion of distribution that exists under USA law.
 

	
 
% FIXME: Connect up with: Indeed or something like that.
 

	
 
The
 
copyright laws of many countries other than the United States, as well
 
as certain international copyright treaties, recognize ``making
 
available to the public'' or ``communication to the public'' as one of
 
the exclusive rights of copyright holders.
 
work that GPL imposes conditions on and the kinds of uses that GPL does not
 
(for the most part) impose conditions on.
 

	
 
Second, ``propagate'' helps globalize GPL in its wording and effect.  When a
 
work is GPL'd, the copyright law of some particular country will govern
 
certain legal issues arising under the license.  A term like ``distribute''
 
(or its equivalent in languages other than English) is used in several
 
national copyright statutes.  Yet, practical experience with GPLv2 revealed
 
the awkwardness of using the term ``distribution'' in a license intended for
 
global use: the scope of ``distribution'' in the copyright context can differ
 
from country to country.  The GPL never necessarily intended the specific
 
meaning of ``distribution'' that exists under USA (or any other country's)
 
copyright law.
 

	
 
Indeed, even within a single country and language, the term distribution may
 
be ambiguous; as a legal term of art, distribution varies significantly in
 
meaning among those countries that recognize it.  For example, comments
 
during GPLv3's drafting process indicated that in at least one country,
 
distribution may not include network transfers of software but may include
 
interdepartmental transfers of physical copies within an organization.
 
Meanwhile, the copyright laws of many countries, as well as certain
 
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 GPL defines the term ``propagate'' by reference to activities
 
that require permission under ``applicable copyright law'', but excludes
...
 
@@ -2366,12 +2355,10 @@ also gives examples of activities that may be included within ``propagation''
 
but it also makes clear that, under the copyright laws of a given country,
 
``propagation'' may include other activities as well.
 

	
 
% FIXME: probably merge this in
 

	
 
Propagation is defined by behavior, and not by categories drawn from some
 
particular national copyright statute.  We believe that such factually-based
 
terminology has the added advantage of being easily understood and applied by
 
individual developers and users.
 
Thus, propagation is defined by behavior, and not by categories drawn from
 
some particular national copyright statute.  This helps not only with
 
internationalization, but also factually-based terminology aids in
 
developers' and users' understanding of GPL\@.
 

	
 
% FIXME: transition here to convey definition, maybe with \subsection {},
 
%        also maybe with: Similar is true with the term ``convey''.
...
 
@@ -2389,18 +2376,6 @@ licensees and other parties, for determination under local law.
 

	
 
% FIXME: paragraph number change , and more on Convey once definition comes.
 

	
 
The third paragraph of section 2 represents another effort to compensate for
 
variation in national copyright law.  We distinguish between propagation that
 
enables parties other than the licensee to make or receive copies, and other
 
forms of propagation.  As noted above, the meaning of ``distribution'' under
 
copyright law varies from country to country, including with respect to
 
whether making copies available to other parties (such as related public or
 
corporate entities) is ``distribution.'' ``Propagation,'' however, is a term
 
not tied to any statutory language.  Propagation that does not enable other
 
parties to make or receive copies --- for example, making private copies or
 
privately viewing the program --- is permitted unconditionally.  Propagation
 
that does enable other parties to make or receive copies is permitted as
 
``distribution,'' subject to the conditions set forth in sections 4--6.
 

	
 
% FIXME: Appropriate Legal Notices
 

	
0 comments (0 inline, 0 general)