Changeset - afac70708f95
[Not reviewed]
Merge
0 2 0
Bradley Kuhn (bkuhn) - 10 years ago 2014-03-19 17:07:11
bkuhn@ebb.org
Merge commit 'refs/merge-requests/3' of gitorious.org:gpl-compliance-tools/tutorial
into gitorious-merge-requests/003

Fontana told me on IRC just now:
I hereby release them under CC0. I will assign to FSF if desired.

We briefly discussed whether Red Hat (Fontana's employer) might hold
copyright, and Fontana said:
Red Hat is hereby CC0ing it
1 file changed with 31 insertions and 22 deletions:
0 comments (0 inline, 0 general)
gpl-lgpl.tex
Show inline comments
...
 
@@ -112,13 +112,14 @@ to have learned the following:
 

	
 
Study of the GNU General Public License (herein, abbreviated as \defn{GNU
 
  GPL} or just \defn{GPL}) must begin by first considering the broader world
 
of software freedom. The GPL was not created from a void, rather, it was
 
of software freedom. The GPL was not created in a vacuum. 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. A prerequisite for understanding both of the popular versions of GPL
 
preeminent organization that upholds, defends and promotes the philosophy of software
 
freedom. A prerequisite for understanding both of the popular versions
 
of the GPL
 
(GPLv2 and GPLv3) and their terms and conditions is a basic understanding of
 
the principles behind it.  The GPL family of licenses are unlike almost all
 
the principles behind them.  The GPL family of licenses are unlike nearly all
 
other software licenses in that they are designed to defend and uphold these
 
principles.
 

	
...
 
@@ -157,7 +158,7 @@ Besides having a different political focus than those who call it Free
 
Software,\footnote{The political differences between the Free Software
 
  Movement and the Open Source Movement are documented on FSF's Web site at
 
  {\tt http://www.fsf.org/licensing/essays/free-software-for-freedom.html}.}
 
those who call the software ``Open Source'' are often focused on a side
 
Those who call the software ``Open Source'' are often focused on a side
 
issue.  Specifically, user access to the source code of a program is a
 
prerequisite to make use of the freedom to modify.  However, the important
 
issue is what freedoms are granted in the license of that source code.
...
 
@@ -168,7 +169,7 @@ exercise these freedoms noncommercially or commercially.  Licenses that grant
 
these freedoms for noncommercial activities but prohibit them for commercial
 
activities are considered non-free.  Even the Open Source Initiative
 
(\defn{OSI}) (the arbiter of what is considered ``Open Source'') also rules
 
such licenses not in fitting with their ``Open Source Definition''.
 
such licenses not in fitting with its ``Open Source Definition''.
 

	
 
In general, software for which most or all of these freedoms are
 
restricted in any way is called ``non-Free Software.''  Typically, the
...
 
@@ -180,19 +181,20 @@ commercial software that restricts freedom (such as nearly all of
 
Microsoft's and Oracle's offerings).
 

	
 
Keep in mind that the none of the terms ``software freedom'', ``open source''
 
and ``free software'' are not known to be trademarked by any organization in
 
and ``free software'' are known to be trademarked or otherwise legally
 
restricted by any organization in
 
any jurisdiction.  As such, it's quite common that these terms are abused and
 
misused by parties who wish to bank on the popularity of software freedom.
 
When one considers using, modifying or redistributing a software package that
 
purports to be Open Source or Free Software, one \textbf{must} verify that
 
the license grants software freedom
 
the license grants software freedom.
 

	
 
Furthermore, throughout this text, we generally prefer the term ``software
 
freedom'', as this is the least ambiguous term available to describe software
 
that meets the Free Software Definition.  For example, it is well known and
 
often discussed that the adjective ``free'' has two unrelated meanings in
 
English: ``free as in freedom'' and ``free as in price''.  Meanwhile, the
 
term ``open source'' is even more confusing, because it refers only to the
 
term ``open source'' is even more confusing, because it appears to refer only to the
 
``freedom to study'', which is merely a subset of one of the four freedoms.
 

	
 
The remainder of this section considers each of each component of software
...
 
@@ -200,14 +202,14 @@ freedom in detail.
 

	
 
\subsection{The Freedom to Run}
 

	
 
The first tenant of software freedom is the user's fully unfettered right to
 
The first tenet of software freedom is the user's fully unfettered right to
 
run the program.  The software's license must permit any conceivable use of
 
the software.  Perhaps, for example, the user has discovered an innovative
 
use for a particular program, one that the programmer never could have
 
predicted.  Such a use must not be restricted.
 

	
 
It was once rare that this freedom was restricted by even proprietary
 
software; but such is quite common today. Most End User Licensing Agreements
 
software; but such is quite common today. Most End User License Agreements
 
(EULAs) that cover most proprietary software typically restrict some types of
 
uses.  Such restrictions of any kind are an unacceptable restriction on
 
software freedom.
...
 
@@ -221,11 +223,11 @@ of this freedom.  Without the source code, and the ability to build and
 
install the binary applications from that source, users cannot effectively
 
exercise this freedom.
 

	
 
Programmers take direct benefit from this freedom.  However, this freedom
 
Programmers directly benefit from this freedom.  However, this freedom
 
remains important to users who are not programmers.  While it may seem
 
counterintuitive at first, non-programmer users often exercise this freedom
 
indirectly in both commercial and noncommercial settings.  For example, users
 
often seek noncommercial help with the software on email lists and in users
 
often seek noncommercial help with the software on email lists and in user
 
groups.  To make use of such help they must either have the freedom to
 
recruit programmers who might altruistically assist them to modify their
 
software, or to at least follow rote instructions to make basic modifications
...
 
@@ -248,7 +250,8 @@ respect software freedom, therefore, permit altruistic sharing of software
 
among friends.
 

	
 
The commercial environment also benefits of this freedom.  Commercial sharing
 
includes selling copies of Free Software: Free Software can be sold at any
 
includes selling copies of Free Software: that is, Free Software can
 
be distribted for any monetary
 
price to anyone.  Those who redistribute Free Software commercially also have
 
the freedom to selectively distribute (i.e., you can pick your customers) and
 
to set prices at any level that redistributor sees fit.
...
 
@@ -272,9 +275,13 @@ share commercially.)
 

	
 
The freedom to modify and improve is somewhat empty without the freedom to
 
share those improvements.  The Software freedom community is built on the
 
pillar of altruistic sharing of improved Free Software. Inevitably, a
 
Free Software project sprouts a mailing list where improvements are shared
 
freely among members of the development community.  Such noncommercial
 
pillar of altruistic sharing of improved Free Software. Historically
 
it was typical for a
 
Free Software project to sprout a mailing list where improvements
 
would be shared
 
freely among members of the development community.  This is still
 
commonly the case, though today there are other or additional ways of
 
sharing Free Software. Such noncommercial
 
sharing is the primary reason that Free Software thrives.
 

	
 
Commercial sharing of modified Free Software is equally important.
...
 
@@ -333,7 +340,7 @@ software (For details of this in the USA, see
 
\textit{United States Code}).\footnote{Copyright law in general also governs
 
  ``public performance'' of copyrighted works. There is no generally agreed
 
  definition for public performance of software and both GPLv2 and GPLv3 do
 
  not govern public performance.} By law (in the USA and in most other
 
  not restrict public performance.} By law (in the USA and in most other
 
jurisdictions), the copyright holder (most typically, the author) of the work controls
 
how others may copy, modify and/or distribute the work. For proprietary
 
software, these controls are used to prohibit these activities. In addition,
...
 
@@ -341,14 +348,14 @@ proprietary software distributors further impede modification in a practical
 
sense by distributing only binary code and keeping the source code of the
 
software secret.
 

	
 
Copyright is not a natural state, it is a legal construction. In the USA, the
 
Copyright is not a natural state, it is a legal construction. In the US, the
 
Constitution permits, but does not require, the creation of copyright law as
 
federal legislation.  Software, since it is ``an original works of authorship
 
fixed in any tangible medium of expression ...  from which they can be
 
perceived, reproduced, or otherwise communicated, either directly or with the
 
aid of a machine or device'' (as stated in
 
\href{http://www.law.cornell.edu/uscode/text/17/102}{17 USC \S~102}), is thus
 
covered by the statues, and is copyrighted by default.
 
covered by the statute, and is copyrighted by default.
 

	
 
However, software, in its natural state without copyright, is Free
 
Software. In an imaginary world with no copyright, the rules would be
...
 
@@ -362,8 +369,10 @@ versions.\footnote{Note that this is again an oversimplification; the
 
Software in the real world is copyrighted by default and is automatically
 
covered by that legal system.  However, it is possible to move software out
 
of the domain of the copyright system.  A copyright holder can often
 
\defn{disclaim} their copyright.  If copyright is disclaimed, the software is
 
not governed by copyright law.   Software not governed by copyright is in the
 
\defn{disclaim} their copyright (for example, under US copyright law
 
it is possible for a copyright holder to engage in conduct resulting
 
in abandonment of copyright).  If copyright is disclaimed, the software is
 
effectively no longer restricted by copyright law.   Software not restricted by copyright is in the
 
``public domain.''
 

	
 
\subsection{Public Domain Software}
0 comments (0 inline, 0 general)