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Various improvements.

Browse source 
Clarified clause stating distribution does not include pure network
services interaction.

Migrated 'contractor' clause of GNU GPLv3 section 2 (which had been
requested particularly by counsel for securities/financial services
industry interests during GNU GPLv3 drafting) to section 0 so that it
becomes a second explicit variety of non-distribution. A substantive
change was made here: the GNU GPLv3 version suggests that the
contractee-conveyor must comply fully with normal GNU GPLv3 conveying
requirements as to the portions of the work given to the
contractor/outsourced data center that are not copyrighted by the
conveyor.

This seems to me to be unlikely to be complied with in practice, and
perhaps relatively burdensome. Since, in a sense, the rationale for
the GNU GPLv3 provision in its section 2 was (roughly) that
contractors and outsourced data centers are reasonably treated like
employees, perhaps it should be easier for licensees to transfer works
to contractors and data centers without worrying about ordinary
distribution-triggered compliance. The policy issue needs to be
explored further, but for the time being I am proceeding with this
change.

The explicit prohibition on sublicensing is removed. As noted in GNU
GPLv3, the automatic licensing provision would seem to make
sublicensing superfluous. German lawyers Till Jaeger and Axel Metzger
argued during GNU GPLv3 drafting that GNU GPLv2 was undesirably
unclear in seeming to allow sublicensing by negative implication but
having the automatic licensing feature that would seem to be designed
to preclude sublicensing.

I recall being quite impressed with the force of this formal analysis
in 2006, but I now see it as one or two extra lines of text in the GNU
GPL that don't have to be there. GNU GPLv2 has hardly suffered in any
practical way as a result of this formal puzzle concerning
sublicensing. Even if sublicensing seems inconsistent with automatic
licensing, what is the real harm if some GNU GPL transaction is
structured as an act of sublicensing? An explicit prohibition on
sublicensing seems to unnecessarily intensify a tone of
restrictiveness.

The first two paragraphs of the Additional Terms section, discussing
additional permissions, are deleted in this commit in the interests of
advancing textual economy. Everything here seems to be an obvious
consequence of copyright law. GNU GPLv2 has not suffered through
absence of such an explicit framework; indeed the deleted material is
largely an effort to codify FSF practice and interpretation under GNU
GPLv2.
This commit is contained in:
Richard Fontana 2012-07-08 00:35:21 -04:00
parent c43fdc3c04
commit 45b52f07f3
1 changed files with 23 additions and 40 deletions
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63
COPYLEFT.next
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@ -38,37 +38,36 @@ compiler used to produce the executable or (iii) an object code
interpreter used to run the executable.
For the avoidance of doubt, "distribution" of a work does not
include mere interaction with a user through a computer network, with
no transfer of a copy.
include:
a) mere interaction with a user through a computer network, with no
transfer of the work to the user; and
b) transfer of a copy to others for the sole purpose of having them
make modifications exclusively for You, or provide You with facilities
for running the work, where such others perform such activities
exclusively on Your behalf, under Your direction and control, on terms
that prohibit them from making any copies of Your copyrighted material
outside their relationship with You.
1. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms Your unlimited
permission to run the Program. The output from running a Covered Work
is covered by this License only if the output, given its content,
constitutes a Covered Work.
conditions are met.
Permission to run the Program is unrestricted.
The output from running a Covered Work is governed by this License
only if the output itself constitutes a Covered Work.
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing or other
equivalents.
You may make, run and copy Covered Works that You do not distribute,
without conditions so long as Your license otherwise remains in force.
You may distribute Covered Works to others for the sole purpose of
having them make modifications exclusively for You, or provide You
with facilities for running those works, provided that You comply with
the terms of this License in distributing all material for which You
do not control copyright. Those thus making or running the Covered
Works for You must do so exclusively on Your behalf, under Your
direction and control, on terms that prohibit them from making any
copies of Your copyrighted material outside their relationship with
You.
Distributing under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 9
makes it unnecessary.
You have unconditional permission to make, run and copy Covered
Works that You do not distribute, so long as Your rights to do so have
not otherwise been terminated under section 8.
2. Anti-Circumvention Law.
@ -236,28 +235,12 @@ protocols for communication across the network.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When You distribute a copy of a Covered Work, You may at Your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when You modify the work.) You may place
additional permissions on material, added by You to a Covered Work,
for which You have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material You
add to a Covered Work, You may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
terms of sections 16 and 17 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material; or
@ -283,7 +266,7 @@ terms of that license document, provided that the further restriction
does not survive such relicensing or distributing.
Additional terms may be stated in the form of a separately written
license or stated as exceptions to or qualifications of this License.
license or stated as qualifications of this License.
8. Termination.
@ -332,7 +315,7 @@ License 2.0, as published by the Apache Software Foundation, shall not
be deemed to give rise to imposition of a further restriction under
this section.
10. Upstream Patent Licenses.
10. Patent Licenses.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The