Changeset - f61dad4e0e75
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Bradley M. Kuhn - 21 years ago 2003-05-28 23:01:46
bkuhn@fsf.org
* Wrote most of GPL Section 0 Section
3 files changed with 93 insertions and 4 deletions:
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GPL-Business/ChangeLog
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@@ -5,6 +5,8 @@
 
	(subsection{The Non-Commercial Ecosystem}): Wrote subsection.
 
	(subsection{The Commercial Ecosystem}): Wrote subsection.
 
	(subsection{Law Analogy}): Wrote subsection.
 
	(chapter{Copying, Modifying and Redistributing}): Started chapter.
 
	(section{GPL, \S 0: Freedom to Run}): Wrote most of the section.
 

	
 
2003-05-27  Bradley M. Kuhn  <bkuhn@fsf.org>
 

	
GPL-Business/gpl-business.kpr
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GPL-Business/gpl-business.tex
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@@ -556,8 +556,10 @@ Like jazz, or novels, or architecture, the law gets built upon the work
 
that went before. This adding and changing is what creativity always is.
 
And a free society is one that assures that its most important resources
 
remain free in just this sense.\footnote{This quotation is Copyright
 
  \copyright{} 2002, Lawrence Lessig.  Verbatim copying of this quotation
 
  in its entirety is permitted provided this notice is preserved.}
 
  \copyright{} 2002, Lawrence Lessig.  It is licensed under the terms of
 
  \href{http://creativecommons.org/licenses/by/1.0/}{the ``Attribution
 
    License'', version 1.0} or any later version as published by Creative
 
  Commons.}
 
\end{quotation}
 

	
 
In essence, lawyers are paid to service the shared commons of legal
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@@ -574,12 +576,97 @@ economy.
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Copying, Modifying and Redistributing}
 

	
 
This chapter begins the deep discussion of the details of the terms of
 
GPL\@.  In this chapter, we consider the core terms: GPL \S\S 0--3.  These
 
are the sections of the GPL that fundamentally define the legal details of
 
how software freedom is respected.
 

	
 
\section{GPL, \S 0: Freedom to Run}
 

	
 
\S 0, the opening section of GPL, sets forth that the work is governed by
 
copyright law.  It specifically points out that it is the ``copyright
 
holder'' who decides if a work is licensed under its terms, and explains
 
how the copyright holder might indicate this fact.
 

	
 
A bit more subtly, \S 0 makes an inference that copyright law is the only
 
system under which it is governed.  Specifically, it states:
 
\begin{quote}
 
Activities other than copying, distribution and modification are not
 
covered by this License; they are outside its scope.
 
\end{quote}
 
In essence, the license governs \emph{only} those activites and all other
 
activities are unrestricted, provided that no other agreements trump GPL
 
(which they cannot; see Sections~\ref{GPLs6} and~\ref{GPLs7}).  This is
 
very important, because the Free Software community heavily supports
 
users' rights to ``fair use'' and ``unregulated use'' of copyrighted
 
material.  GPL asserts through this clause that it supports users' rights
 
to fair and unregulated uses.
 

	
 
Fair use of copyrighted material is an established legal doctrine that
 
permits certain activities.  Discussion of the various types of fair use
 
activity are beyond the scope of this tutorial.  However, one important
 
example of fair use is the right to reverse engineering software.
 

	
 
Fair use is a doctrine established by the courts or by statute.  By
 
contrast, unregulated uses are those that are not covered by the statue
 
nor determined by a court to be covered, but are common and enjoyed by
 
many users.  An example of unregulated use is reading a program like a
 
novel for the purpose of learning how to be a better programmer.
 

	
 
\medskip
 

	
 
Thus, the GPL protects users fair and uregulated use rights precisely by
 
not attempting to cover them.  Furthermore, the GPL ensures the freedom
 
to run specifically by stating the following:
 
\begin{quote}
 
The act of running the Program is not restricted
 
\end{quote}
 
Thus, users are explicitly given the freedom to run by \S 0.
 

	
 
\medskip
 

	
 
The bulk of \S 0 not mentioned here gives definitions for other terms used
 
throughout.  The only one worth discussing in detail is ``work based on
 
the Program''.  The reason this definition is particular interesting is
 
that 
 

	
 

	
 
\section{GPL, \S 1}
 

	
 
\section{GPL, \S 2}
 

	
 
\section{GPL, \S 3}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Defending Freedom On Many Fronts}
 

	
 
\section{GPL, Section 4}
 

	
 
\section{GPL, Section 5}
 
\label{GPLs5}
 

	
 
\section{GPL, Section 6}
 
\label{GPLs6}
 

	
 
\section{GPL, Section 7}
 
\label{GPLs7}
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Odds, Ends, and Absolutely No Warranty}
 

	
 
There was a case where the disclaimer of a contract was negated because it
 
was not "conspicuous" to the person entering into the contract.  Therefore,
 
to make such language "conspicuous" people started bolding it.  My question
 
has always been, does that mean all the other parts of the document aren't
 
important such that they too need to be "conspicuous."
 

	
 
As for disclaiming warranties, remember that there are many types of
 
warranties, and in some jurisdictions some of them cannot be disclaimed.
 
Therefore, usually agreements will have both a warranty disclaimer and a
 
limitation of liability.  The former gets rid of everything that can be
 
gotten rid of, while the latter limits the liability of the actor for any
 
warranties that cannot be disclaimed (such as personal injury, etc.).
 

	
 
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
 
\chapter{Business Models, Internal Use, and Compliance}
 

	
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@@ -667,7 +754,7 @@ modification follow.
 

	
 
\addtocounter{enumi}{-1}
 

	
 
\item 
 
\item
 

	
 
This License applies to any program or other work which contains a notice
 
placed by the copyright holder saying it may be distributed under the
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@@ -705,7 +792,7 @@ above, provided that you also meet all of these conditions:
 

	
 
\begin{enumerate}
 

	
 
\item 
 
\item
 

	
 
You must cause the modified files to carry prominent notices stating that
 
you changed the files and the date of any change.
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