Changeset - e36a9a4f4cb2
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 9 years ago 2014-11-12 12:44:47
bkuhn@ebb.org
Rework copyleft definition utilizing pasted text.

Some of the pasted text was useful as a method of introducing briefly
the legal details of copyleft, to an appropriate level of detail for
this initial copyleft definition found in the tutorial. However,
substantial additional text was needed to both properly integrate the
pasted text, and also improve the copyleft definition overall in light
of the pasted text content.

Meanwhile, part of the pasted text definitely doesn't belong here, but I
noticed it likely makes a good addition to the introductory paragraph in
the derivative works section.
1 file changed with 61 insertions and 41 deletions:
0 comments (0 inline, 0 general)
gpl-lgpl.tex
Show inline comments
...
 
@@ -492,56 +492,65 @@ of this work itself).  Copyright holders of creative work can unilaterally
 
implement these licenses for their own works to build communities that
 
collaboratively share and improve those copylefted creative works.
 

	
 
% FIXME-URGENT: integrate
 
Copyleft,
 
which uses functional parts of copyright law to achieve an unusual result
 
(legal protection for free sharing) forms the core legal principle of these
 
licenses. It modifies, or ``hacks'' copyright law, which is usually employed to
 
strengthen the rights of authors or publishers, to strengthen instead the
 
rights of users.   %FIXME-URGENT: end
 
Copyleft is a legal strategy and mechanism to defend, uphold and propagate software
 
Copyleft uses functional parts of the copyright system to achieve an unusual
 
result (legal protection for free sharing). Copyleft modifies, or ``hacks''
 
copyright law, which is usually employed to strengthen the rights of authors
 
or publishers, to strengthen instead the rights of users.  Thus, Copyleft is
 
a legal strategy and mechanism to defend, uphold and propagate software
 
freedom. The basic technique of copyleft is as follows: copyright the
 
software, license it under terms that give all the software freedoms, but
 
use the copyright law controls to ensure that all who receive a copy of
 
the software have equal rights and freedom. In essence, copyleft grants
 
freedom, but forbids others to forbid that freedom to anyone else along
 
the distribution and modification chains.
 

	
 
% FIXME-URGENT: integrate
 
software, license it under terms that give all the software freedoms, but use
 
the copyright law controls to ensure that all who receive a copy of the
 
software have equal rights and freedom. In essence, copyleft grants freedom,
 
but forbids others to forbid that freedom to anyone else along the
 
distribution and modification chains.
 

	
 
This ``reciprocity'' or ``share and share alike'' rule protects both
 
Copyleft's ``reciprocity'' or ``share and share alike'' rule protects both
 
developers, who avoid facing a ``proprietized'' competitor of their project,
 
and users, who can be sure that they will have all four basic freedoms not
 
only in the present version of the program they use, but in all its future
 
improved versions.
 

	
 
% FIXME-URGENT: integrate
 
and users, who can be sure that they will have all four software freedoms ---
 
not only in the present version of the program they use, but in all its
 
future improved versions.
 

	
 
The unit of copyright law is ``the work''. In that sense, the ``work''
 
referenced by the licenses is anything that can be copyrighted or will be
 
subject to the terms of copyright law. The GNU licenses exercise their scope
 
fully. Anything which is ``a work'' or a ``work based on a work'' licensed
 
under GPL is subject to its requirements, including the requirement of
 
complete and corresponding source code, unless it is specifically
 
excepted. This principle often causes theoretical or speculative dispute
 
among lawyers, because ``the work'' is not a unit of computer programming. In
 
order to determine whether a ``routine'' an ``object'', a ``function'', a
 
``library'' or any other unit of software is part of one ``work'' when combined
 
with other GPL’d code, we must ask a question that copyright law will not
 
directly answer in the same technical terms.
 

	
 
The key here is that the GNU GPL licenses mean to ``plow fence row to fence
 
row'', covering every version of ``work based on the work'' recognized by local
 
copyright law, but no further.
 

	
 
%FIXME-URGENT: end
 
Copyleft is a general concept. Much like ideas for what a computer might
 
do must be \emph{implemented} by a program that actually does the job, so
 
too must copyleft be implemented in some concrete legal structure.
 
``Share and share alike'' is a phrase that is used often enough to explain the
 
concept behind copyleft, but to actually make it work in the real world, a
 
true implementation in legal text must exist. The GPL is the primary
 
implementation of copyleft in copyright licensing language.
 
true implementation in legal text must exist, written as a ``copyright
 
license''.  The GPL implements the concept of copyleft for software-oriented
 
and other functional works of a technical nature.  The ``CC BY SA'' license
 
implements copyleft for works of textual, musical and visual authorship, such
 
as this tutorial.
 

	
 
Copyleft advocates often distinguish between the concept of a ``strong
 
copyleft'' or a ``weak copyleft''.  However, ``strong vs. weak'' copyleft is
 
not a dichotomy, it's a spectrum.  The strongest copylefts strive to the
 
exclusive rights that copyright  grants to authors as extensively as possible
 
to maximize software freedom.  As a copyleft gets ``weaker'', the copyleft
 
license typically makes ``trade offs'' that might impede software freedom,
 
but reach other tactic goals for the community of users and developers of the
 
work.
 

	
 
In other words, strong copyleft licenses place the more requirements on how
 
``the work'' is licensed.  The unit of copyright law is ``the work''.  In
 
that sense, the ``work'' referenced by the licenses is anything that can be
 
copyrighted or will be subject to the terms of copyright law.  Strong
 
copyleft licenses exercise their scope fully.  Anything which is ``a work''
 
or a ``work based on a work'' licensed under a strong copyleft is subject to
 
its requirements, including the requirement of complete, corresponding source
 
code\footnote{Copyleft communities' use of the term ``strong copyleft'' is
 
  undoubtedly imprecise.  For example, most will call the GNU GPL a ``strong
 
  copyleft'' license, even though the GPL itself has various exceptions, such
 
  as the \hyperref[GPLv3-system-library-exception]{GPLv3's system library
 
    exception} written into the text of the license itself.  Furthermore, the
 
  copyleft community continues to debate where the a license cross the line
 
  from ``strong copyleft'' to ``license that fails to respect software
 
  freedom'', although ultimately these debates are actually regarding whether
 
  the license fits \hyperref[Free Software Definition]{Free Software
 
    definition} at all.}.  Thus, copyleft licenses, particularly strong ones,
 
seek to ensure the same license covers every version of ``work based on the
 
work'', as recognized by local copyright law, and thereby achieve the
 
specific strategic policy aim of ensuring software freedom for all users,
 
developers, authors, and readers who encounter the copylefted work.
 

	
 
\subsection{Software and Non-Copyright Legal Regimes}
 
\label{software-and-non-copyright}
...
 
@@ -1176,6 +1185,16 @@ on making a profit from Free Software redistribution.)
 
\chapter{Derivative Works: Statute and Case Law}
 
\label{derivative-works}
 

	
 
% FIXME-URGENT: integrate
 
This principle often causes theoretical or
 
speculative dispute among lawyers, because ``the work'' is not a unit of
 
computer programming. In order to determine whether a ``routine'' an
 
``object'', a ``function'', a ``library'' or any other unit of software is
 
part of one ``work'' when combined with other GPL’d code, we must ask a
 
question that copyright law will not directly answer in the same technical
 
terms.  (This issue
 
%END FIXME-URGENT
 

	
 
We digress for this chapter from our discussion of GPL's exact text to
 
consider the matter of derivative works --- a concept that we must
 
understand fully before considering GPLv2~\S\S2--3\@. The GPL, and Free
...
 
@@ -2701,6 +2720,7 @@ modify a source code work by deleting any part of it, and there can be no
 
requirement that free software source code be a whole functioning program.
 

	
 
\subsection{The System Library Exception}
 
\label{GPLv3-system-library-exception}
 

	
 
The previous section skipped over one part of the CCS definition, the
 
so-called system library exception.  The ``System Libraries'' definition (and
0 comments (0 inline, 0 general)