Changeset - b3ec6504243d
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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 16:53:38
bkuhn@ebb.org
Termination section rewrite.
1 file changed with 16 insertions and 60 deletions:
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gpl-lgpl.tex
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@@ -3233,79 +3233,35 @@ pathological case\footnote{Theoretically, a user could collect copyright
 

	
 
\section{GPLv3~\S8: A Lighter Termination}
 

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

	
 
GPLv2 provided for automatic termination of the rights of a person who
 
copied, modified, sublicensed, or distributed a work in violation of the
 
license.  Automatic termination can be too harsh for those who have committed
 
an inadvertent violation, particularly in cases involving distribution of
 
large collections of software having numerous copyright holders.  A violator
 
who resumes compliance with GPLv2 would need to obtain forgiveness from all
 
copyright holders, but even to contact them all might be impossible.
 

	
 
% FIXME: needs to be updated to describe more complex termination
 

	
 
Section 8 of GPLv3 replaces automatic termination with a non-automatic
 
termination process.  Any copyright holder for the licensed work may opt to
 
terminate the rights of a violator of the license, provided that the
 
copyright holder has first given notice of the violation within 60 days of
 
its most recent occurrence. A violator who has been given notice may make
 
efforts to enter into compliance and may request that the copyright holder
 
agree not exercise the right of termination; the copyright holder may choose
 
to grant or refuse this request.
 

	
 
% FIXME: needs to be updated to describe more complex termination
 

	
 
If a licensee who is in violation of GPLv3 acts to correct the violation and
 
enter into compliance, and the licensee receives no notice of the past
 
violation within 60 days, then the licensee need not worry about termination
 
of rights under the license.
 

	
 
In Draft 3 the termination provision of section 8 has been revised to
 
indicate that, if a licensee violates the GPL, a contributor may terminate
 
any patent licenses that it granted under the first paragraph of section 11
 
to that licensee, in addition to any copyright permissions the contributor
 
granted to the licensee.  Therefore, a contributor may terminate the patent
 
licenses it granted to a downstream licensee who brings patent infringement
 
litigation in violation of section 10.
 

	
 
We have made two substantive changes to section 8.  First, we have clarified
 
that patent rights granted under the GPL are among the rights that a
 
copyright holder may terminate under section 8.  Therefore, a contributor who
 
grants a patent license under the first paragraph of section 11 may terminate
 
that patent license, just as that contributor may terminate copyright rights,
 
to a downstream recipient who has violated the license.  We think that this
 
is a reasonable result, and was already implicit in the wording of the
 
termination provision in our earlier drafts.  Moreover, this clarification
 
should encourage patent holders to make contributions to GPL-covered
 
programs.
 

	
 
Second, we have modified the termination procedure by providing a limited
 
opportunity to cure license violations, an improvement that was requested by
 
many different members of our community.  If a licensee has committed a
 
who resumes compliance with GPLv2 technically needs to obtain forgiveness
 
from all copyright holders, and even contacting them all might be impossible.
 

	
 
GPLv3~\S8 replaces now grants opportunities for provisional and permanent
 
reinstatement of rights. The termination procedure provides a limited
 
opportunity to cure license violations.  If a licensee has committed a
 
first-time violation of the GPL with respect to a given copyright holder, but
 
the licensee cures the violation within 30 days following receipt of notice
 
of the violation, then any of the licensee's GPL rights that have been
 
terminated by the copyright holder are ``automatically reinstated.''  The
 
addition of the cure opportunity achieves a better balance than our earlier
 
section 8 drafts between facilitating enforcement of the license and
 
protecting inadvertent violators against unfair results.
 

	
 
We have restructured the form of section 8 by replacing non-automatic
 
termination with automatic termination coupled with opportunities for
 
provisional and permanent reinstatement of rights.  The revised wording does
 
not alter the underlying policy or details of procedure established in the
 
previous drafts, including the 60-day period of repose and 30-day cure
 
opportunity for first-time violators.  The restoration of automatic
 
termination was motivated in part to facilitate enforcement in European
 
countries.  We also believe the revised wording will be easier to understand
 
and apply in all jurisdictions.
 
terminated by the copyright holder are ``automatically reinstated''.
 

	
 

	
 
Finally, if a licensee violates the GPL, a contributor may terminate any
 
patent licenses that it granted under GPLv3~\S11, in addition to any
 
copyright permissions the contributor granted to the licensee.
 

	
 
% FIXME-LATER: write more here, perhaps linking up to enforcement
 

	
 

	
 
\section{GPLv3~\S9: Acceptance}
 

	
 
% FIXME: needs some work here
 

	
 
Section 9 means what it says: mere receipt or execution of code neither
 
GPLv3~\S9 means what it says: mere receipt or execution of code neither
 
requires nor signifies contractual acceptance under the GPL.  Speaking more
 
broadly, we have intentionally structured our license as a unilateral grant
 
of copyright permissions, the basic operation of which exists outside of any
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