Copyleft/guide Changeset - 9bd27fcffefc

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@@ -1717,6 +1717,7 @@ binaries on the machine itself might not be an option.  While it is

recommended that this be the default way that people comply with GPL, the

GPL does provide options when such distribution is infeasible.

\label{GPLv2s3-medium-customarily}

GPLv2~\S3, therefore, allows source code to be provided on any physical

``medium customarily used for software interchange.''  By design, this

phrase covers a broad spectrum --- the phrase seeks to pre-adapt to

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@@ -2769,85 +2770,72 @@ words ``at no charge,'' which was often is misunderstood upon na\"{i}ve

reading of in GPLv2\S(b) (as discussed in \S~\ref{GPLv2s2-at-no-charge} of this

tutorial).

%  FIXME: 5d.  Related to Appropriatey Legal notices

%  FIXME-LATER: Write up something on 5d, and related it to Appropriate Legal Notices.

% follows 5d now, call it the ``final paragraph''

Note that of GPLv2~\S2's penultimate and ante-penultimate paragraphs are now

handled adequately by the definitions in GPLv3\S0 and as such, have no direct

analogs in GPLv3.

The paragraph following subsection 5c has been revised for clarity, but the

underlying meaning is unchanged. When independent non-derivative sections are

distributed for use in a combination that is a covered work, the whole of the

combination must be licensed under the GPL, regardless of the form in which

such combination occurs, including combination by dynamic linking. The final

sentence of the paragraph adapts this requirement to the new compatibility

provisions of section 7.

We have added these words to the aggregation clause to eliminate any question

that GPLv3 alters the scope of the copyleft as understood and applied under

GPLv2. In GPLv3, as in GPLv2, addition of modules or other parts to a program

results in a new program based on the old program, with different functional

characteristics created by the merger of two expressions: the original

program and the added parts.  Such added parts are ``by their nature

extensions of'' the old program, and therefore the entire new program which

they and the old program form must be licensed under the GPL.  As subsection

5c states, packaging of a work has no bearing on the scope of copyleft.

GPLv2~\S2's final paragraph, however, is reworded and expanded into the final

paragraph of GPLv3\S5, which now also covers issues related to copyright

compilations (but not compilations into object code --- that's in the next

section!).  The intent and scope is the same as was intended in GPLv2.

\section{GPLv3~\S6: Non-Source and Corresponding Source}

\label{GPLv3s6}

Section 6 of GPLv3, which clarifies and revises GPLv2 section 3, requires

distributors of GPL'd object code to provide access to the corresponding

source code, in one of four specified ways. As noted above, ``object code''

in GPLv3 is defined broadly to mean any non-source version of a work.

GPLv3~\S6 clarifies and revises GPLv2~\S3.  It requires distributors of GPL'd

object code to provide access to the corresponding source code, in one of

four specified ways.  As noted in \S~\ref{GPLv3s0}, ``object code'' in GPLv3

is defined broadly to mean any non-source version of a work.

% FIXME:  probably mostly still right, needs some updates, though.

Subsections 6a and 6b now apply specifically to distribution of object code

in a physical product. Physical products include embedded systems, as well as

physical software distribution media such as CDs. As in GPLv2, the

distribution of object code may either be accompanied by the machine-readable

source code, or it may be accompanied by a written offer to provide the

machine-readable source code to any third party. GPLv3 clarifies that the

medium for software interchange on which the machine-readable source code is

provided must be a durable physical medium. Subsection 6b does not prevent a

distributor from offering to provide source code to a third party by some

other means, such as transmission over a network, so long as the option of

obtaining source code on a physical medium is presented.

GPLv3~\S6(a--b) now apply specifically to distribution of object code in a

physical product.  Physical products include embedded systems, as well as

physical software distribution media such as CDs.  As in GPLv2~\S3 (discussed

in \S~\ref{GPLv2s3} of this tutorial), the distribution of object code may

either be accompanied by the machine-readable source code, or it may be

accompanied by a valid written offer to provide the machine-readable source

code.  However, unlike in GPLv2, that offer cannot be exercised by any third

party; rather, only those ``who possesses the object code'' it can exercised

the offer.  (Note that this is a substantial narrowing of requirements of

offer fulfillment, and is a wonderful counterexample to dispute claims that

the GPLv3 has more requirements than GPLv2.)

% FIXME:  probably mostly still right, needs some updates, though.

Subsection 6b revises the requirements for the written offer to provide

source code. As before, the offer must remain valid for at least three

years. In addition, even after three years, a distributor of a product

GPLv3~\S6(b) further revises the requirements for the written offer to

provide source code. As before, the offer must remain valid for at least

three years. In addition, even after three years, a distributor of a product

containing GPL'd object code must offer to provide source code for as long as

the distributor also continues to offer spare parts or customer support for

the product model. We believe that this is a reasonable and appropriate

requirement; a distributor should be prepared to provide source code if he or

she is prepared to provide support for other aspects of a physical product.

% FIXME: 10x language is gone.

Subsection 6b also increases the maximum permitted price for providing a copy

of the source code. GPLv2 stated that the price could be no more than the

cost of physically performing source distribution; GPLv3 allows the price to

be up to ten times the distributor's cost. It may not be practical to expect

some organizations to provide such copies at cost. Moreover, permitting such

organizations to charge ten times the cost is not particularly harmful, since

some recipient of the code can be expected to make the code freely available

on a public network server. We also recognize that there is nothing wrong

with profiting from providing copies of source code, provided that the price

of a copy is not so unreasonably high as to make it effectively unavailable.

% FIXME:  probably mostly still right, needs some updates, though.

Subsection 6c gives narrower permission than the corresponding subsection in

GPLv2.  The option of including a copy of an offer received in accordance

with subsection 6b is available only for private distribution of object code;

moreover, such private distribution is restricted to ``occasional

non-commercial distribution.''  This subsection makes clear that a

distributor cannot comply with the GPL merely by making object code available

on a publicly-accessible network server accompanied by a copy of the written

offer to provide source code received from an upstream distributor.

the product model.  This is a reasonable and appropriate requirement; a

distributor should be prepared to provide source code if he or she is

prepared to provide support for other aspects of a physical product.

GPLv3~\S6(a--b) clarifies that the medium for software interchange on which

the machine-readable source code is provided must be a durable physical

medium.  GPLv3~\S6(b)(2), however, permits a distributor to instead offer to

provide source code from a network server instead, which is yet another

example GPLv3 looser in its requirements than GPLv2 (see

\S~\ref{GPLv2s3-medium-customarily} for details).

% FIXME-LATER: more information about source provision, cost of physically

% performing, reasonable fees, medium customary clearly being said durable

% connecting back to previous text

GPLv3\S6(c) gives narrower permission than GPLv2\S3(c).  The ``pass along''

option for GPLv3\S6(c)(1) offers is now available only for individual

distribution of object code; moreover, such individual distribution can occur

only ``occasionally and noncommercially.''  A distributor cannot comply with

the GPL merely by making object code available on a publicly-accessible

network server accompanied by a copy of the written offer to provide source

code received from an upstream distributor.

%FIXME-LATER: tie back to the discussion of the occasional offer pass along

%             stuff in GPLv2 this

% FIXME:  probably mostly still right, needs some updates, though.