2003-05-26  Bradley M. Kuhn  <bkuhn@fsf.org>

	* gpl-business.tex (subsection{The Freedom to Copy and Share}):

	Wrote subsection.

	(subsection{The Freedom to Share Improvements}): Wrote subsection.

2003-05-25  Bradley M. Kuhn  <bkuhn@fsf.org>

	* gpl-business.tex (subsection{The Freedom to Change and Modify}):

	Wrote subsection.

2003-05-24  Bradley M. Kuhn  <bkuhn@fsf.org>

	* gpl-business.tex (section{The Free Software Definition}):

	Started section.

	(subsection{The Freedom to Run}): Wrote subsection.

2003-05-23  Bradley M. Kuhn  <bkuhn@fsf.org>

	* gpl-business.tex (chapter{The GNU General Public License}):

	Formatted GPL for LaTeX.

	Added abstract from website into document.

	(chapter{What Is Free Software?}): Began chapter.

pdftitle={The GNU General Public License for Businesspeople and Developers},

pdfsubject={GNU General Public License},

pdfkeywords={computer, science, free, software, freedom, licensing, licenses, GPL, GNU, general, public, license}

%\pagestyle{empty}

Consideration of the GNU General Public License (herein, abbreviated as

``GNU GPL'' or just ``GPL'') must begin by first considering the broader

world of ``Free Software''.  The GPL was not created from a void, 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 the GPL and its

terms and conditions is a basic understanding of the principles behind it.

The GPL is unlike almost all other software licenses in that it is

designed to defend and uphold these principles.

The Free Software Definition is set forth in full on FSF's website at

\href{http://www.fsf.org/philosophy/free-sw.html}{http://www.fsf.org/philosophy/free-sw.html}.

This section presents an abbreviated version that will focus on the parts

that are most pertinent to the terms of the GPL\@.

A particular program is Free Software if it grants a particular user of

that program, the following freedoms:

The focus on ``a particular user'' is very pertinent here.  It is not

uncommon for the same version of a specific program to grant these

freedoms to some subset of its user base, while others have none or only

some of these freedoms.  Section~\ref{relicensing} talks in detail about

how this can happen even if a program is released under the GPL\@.

Some people refer to software that gives these freedoms as ``Open

Source''.  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

website at

\href{http://www.fsf.org/philosophy/free-software-for-freedom.html}

{http://www.gnu.org/philosophy/free-software-for-freedom.html}.},

those who call the software ``Open Source'' are focused on a side issue.

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.  Microsoft's ``Shared

Source'' program, for example, gives various types of access to source

code, but almost none of the freedoms described in this section.

One key issue that is central to these freedoms is that there are no

restrictions on how these freedoms can be excercised.  Specifically, users

and programmers can exercise these freedoms non-commercially or

commercially.  Licenses that grant these freedoms for non-commercial

activies but prohibit them for commercial activites are considered

non-Free.

In general, software for which most or all of these freedoms are

restricted in any way is called ``non-Free Software''.  Typically, the

term ``proprietary software'' is used more or less interchangably with

``non-Free Software''.  Personally, I tend to use the term ``non-Free

Software'' to refer to non-commercial software that restricts freedom

(such as ``shareware'') and ``propreitary software'' to refer to

commercial software that restricts freedom (such as nearly all of

Microsoft's and Oracle's offerings).

The remainder of this section considers each of the four freedoms in

detail.

It was once rare that this freedom was restricted by even proprietary

software; today it is not so rare.  Most End User Licensing Agreements

(EULAs) that cover most proprietary software restrict some types of use.

For example, some versions of Microsoft's Frontpage software prohbit use

of the software to create websites that generate negative publicity for

Microsoft.  Free Software has no such restrictions; everyone is free to

use Free Software for any purpose whatsoever.

\subsection{The Freedom to Change and Modify}

Free Software programs allow users to change, modify and adapt the

software to suit their needs.  Access to the source code and related build

scripts are an essential part of this freedom.  Without the source code

and the ability to build the binary applications from that source, the

freedom cannot be properly exercised.

Programmers can take direct benefit from this freedom, and often do.

However, this freedom is essential to users who are not programmers.

Users must have the right to engage in a non-commercial enviornment of

finding help with the software (as often happens on email lists and in

users groups).  This means they must have the freedom to recruit

programmers who might altrusitcally assist them to modify their software.

The commercial exercise of this freedom is also essential.  Each user, or

group of users, must have the right to hire anyone they wish on a

competitive free market to modify and change the software.  This means

that companies have a right to hire anyone they wish to modify their Free

Software.  Additionally, such companies may contract with other companies

to commission software modification.

\subsection{The Freedom to Copy and Share}

Users may share Free Software in a variety of ways.  Free Software

advocates work to eliminate fundamental ethical delimema of the software

age: choosing between obeying a software license, and friendship (by

giving away a copy of a program your friend who likes the software you are

using).  Free Software licenses, therefore, must permit this sort of

altruistic sharing of software amoung friends.

The commercial enviornment must also have the benefits of this freedom.

Commercial sharing typically takes the form of selling copies of Free

Software.  Free Software can be sold at any price to anyone.  Those who

redistribute Free Software commercially have the freedom to selectively

distribute (you can pick your customers) and to set prices at any level

the redistributor sees fit.

It is true that many people get copies of Free Software very cheaply (and

sometimes without charge). The competitive free market of Free Software

tends to keep prices low and reasonable.  However, if someone is willing

to pay a billion dollars for one copy of the GNU Compiler Collection, such

a sale is completely permited.

Another common instance of commercial sharing is service-oriented

distribution.  For example, a distribution vendor may provide immediate

security and upgrade distribution via a special network service.  Such

distribution is completely permitted for Free Software.

\subsection{The Freedom to Share Improvements}

The freedom to modify and improve is somewhat empty without the freedom to

share those improvements.  The Free Software 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 non-commercial

sharing must be permitted for Free Software to thrive.

Commercial sharing of modified Free Software is equally important.  For a

competitive free market for support to exist, all developers --- from

single-person contractors to large software companies --- must have the

freedom to market their services as improvers of Free Software.  All forms

of such service marketing must be equally available to all.

For example, selling support services for Free Software is fully

permitted.  Companies and individuals can offer thesmelves as ``the place

to call'' when software fails or does not function properly.  For such a

service to be meaningful, the entity offering that service must have the

right to modify and improve the software for the customer to correct any

problems that are beyond mere user error.

Entities must also be permitted to make available modified versions of

Free Software.  Most Free Software programs have a so-called ``canonoical

version'' that is made available from the primary developers of the

software.  Hoewver, all who have the software have the ``freedom to fork''

--- that is, make available non-trivial modified versions of the software

on a permenant or semi-permenant basis.  Such freedom is central to

vibrant developer and user interaction.

Companies and individuals have the right to make true value-added versions

of Free Software.  They may use freedom to share improvements to

distribute distinct versions of Free Software with different functionality

and features.  Furthermore, this freedom can be exercised to serve a

disenfranchised subset of the user community.  If the developers of the

canonical version refuse to serve the needs of some of the software's

users, other entities have the right to create long- or short-lived fork

that serves that sub-community.

\section{How Does Software Become Free?}

{\Large \sc Terms and Conditions For Copying, Distribution and

{\sc Because the program is licensed free of charge, there is no warranty

for the program, to the extent permitted by applicable law.  Except when

otherwise stated in writing the copyright holders and/or other parties

provide the program ``as is'' without warranty of any kind, either expressed

or implied, including, but not limited to, the implied warranties of

merchantability and fitness for a particular purpose.  The entire risk as

to the quality and performance of the program is with you.  Should the

program prove defective, you assume the cost of all necessary servicing,

repair or correction.}

{\sc In no event unless required by applicable law or agreed to in writing

will any copyright holder, or any other party who may modify and/or

redistribute the program as permitted above, be liable to you for damages,

including any general, special, incidental or consequential damages arising

out of the use or inability to use the program (including but not limited

to loss of data or data being rendered inaccurate or losses sustained by

you or third parties or a failure of the program to operate with any other

programs), even if such holder or other party has been advised of the

possibility of such damages.}

{\Large\sc End of Terms and Conditions}

\pagebreak[2]