Copyleft/guide Changeset - a43a205f9b45

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@@ -2486,34 +2486,28 @@ GPLv2: ``modify'' ``covered work'', ``propagate'', ``convey'', and

GPLv2 included a defined term, ``work based on the Program'', but also used

the term ``modify'' and ``based on'' throughout the license.  GPLv2's ``work

based on the Program'' definition made use of a legal term of art,

``derivative work'', which is peculiar to USA copyright law.  However,

ironically, most criticism of USA-specific legal terminology in GPLv2's

``work based on the Program'' definition historically came not primarily from

readers outside the USA, but from those within it\footnote{The FSF noted in

  that it did not generally agree with these views, and expressed puzzlement

  by the energy with which they were expressed, given the existence of many

  other, more difficult legal issues implicated by the GPL.  Nevertheless,

  the FSF argued that it made sense to eliminate usage of local copyright

  terminology to good effect.}.  Admittedly, even though differently-labeled

concepts corresponding to the derivative work are recognized in all copyright

law systems, these counterpart concepts might differ to some degree in scope

and breadth from the USA derivative work.

% FIXME: integrate

So in GPLv3, we and our clients at the Free Software Foundation

decided to drop all illustrative reference to US ``derivative works,''

returning to the base concept only: GPL covers the licensed work and all

works based on the work, where ``based on the work'' is defined as any

modification or combination with the licensed work that requires copyright

permission to make.

% FIXME-URGENT: end

The goal and intention of GPLv2 was always to cover all rights governed by

relevant copyright law, in the USA and elsewhere.  GPLv3 therefore takes the

task of internationalizing the license further by removing references to

derivative works and by providing a more globally useful definition.  The new

definition returns to the common elements of copyright law.  Copyright

``derivative work'', which is peculiar to USA copyright

law\footnote{(Ironically, most criticism of USA-specific legal

terminology in GPLv2's ``work based on the Program'' definition historically

came not primarily from readers outside the USA, but from those within

it\footnote{The FSF noted in that it did not generally agree with these

  views, and expressed puzzlement by the energy with which they were

  expressed, given the existence of many other, more difficult legal issues

  implicated by the GPL.  Nevertheless, the FSF argued that it made sense to

  eliminate usage of local copyright terminology to good effect.}.  GPLv2

always sought to cover all rights governed by relevant copyright law, in the

USA and elsewhere.

Even though differently-labeled concepts corresponding to the

derivative work are recognized in all copyright law systems, these

counterpart concepts might differ to some degree in scope and breadth from

the USA derivative work.  GPLv3 therefore takes the task of

internationalizing the license further by removing references to derivative

works and by providing a more globally useful definition.

GPLv3 drops all reference to USA ``derivative works'' and returns

to the base concept only: GPL covers the licensed work and all works where

copyright permission from the licensed work's copyright holder.

The new definitions returns to the common elements of copyright law.  Copyright

holders of works of software have the exclusive right to form new works by

modification of the original --- a right that may be expressed in various

ways in different legal systems.  GPLv3 operates to grant this right to

...

@@ -2533,38 +2527,31 @@ 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-URGENT: integrate

Two terms are used in GPLv3 deliberately exotic to the language of

international copyright.

Next, to avoid locking GPLv3 into specific copyright statues, the GPLv3

defines two terms that are otherwise exotic to the language of international

copyright.

\subsection{Propagate}

% FIXME-URGENT: integrate

To ``propagate'' a work covered by the license means any activity that

requires permission of copyright holders in the local legal system where the

activities are carried on. Personal use or modification for personal use are

activities explicitly excluded from ``propagation'' regardless of domestic

copyright law, in order to prevent domestic copyright law from trenching on

freedoms 0 to 2.

%FIXME-URGENT: end

To ``propagate'' a work covered by the license means any activity in a locale

that requires permission of copyright holders in that locale's legal system.

However, personal use or modification for personal use are activities explicitly

excluded from ``propagation'' \textit{regardless} of domestic copyright law.

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 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.

Second, ``propagate'' helps globalize GPL in its wording and effect:

``derivative work'' was in fact not the only term commonly used by local

copyright statutes.  A term like ``distribute'' (or its equivalent in

languages other than English) is also 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 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

...

@@ -2589,27 +2576,19 @@ some particular national copyright statute.  This helps not only with

internationalization, but also factually-based terminology aids in

developers' and users' understanding of the GPL\@.

%FIXME-URGENT: integrate

As a further benefit, because ``propagation'' includes all

exclusive rights granted under any particular copyright regime, regimes that

require a valid license to account for all exclusive rights are automatically

complied with.

% FIXME-URGENT: end

exclusive rights granted under any particular copyright regime, the term

automatically  accounts for all exclusive rights under that regime.

\subsection{Convey}

%FIXME-URGENT: integrate

Any propagation that enables other parties to receive or make copies of the

work, is called ``conveying''. In general, conveying is the activity that

triggers copyleft obligations.

% FIXME-URGENT: end

Further to this point, a subset of propagate --- ``convey'' --- is defined.

Next, GPLv3 defines a subset of propagate --- ``convey''.

Conveying includes activities that constitute propagation of copies to

others.  As with the definition of propagate, GPLv3 thus addresses transfers

of copies of software in behavioral rather than statutory terms.

Any propagation that enables other parties to receive or make copies of the

work, is called ``conveying''.  Usually, conveying is the activity that

triggers most of the other obligations of GPLv3.

\subsection{Appropriate Legal Notices}