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Provides clearer definitions of "the Program" and "You"; "You"/"Your"

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now capitalized in accordance with typical legal practice.

Regarding the clarified definition of "the Program", this is motivated
by a concern raised not long after the final release of GPLv3 by,
separately, TI and Sun. The concern was that "the Program" could
somehow be read to mean "all possible GPLv3-licensed works in
existence" (which in turn raised fears about unbounded scope of
certain patent-related provisions). (The noted textual ambiguity has
counterparts in other free software licenses, and is probably
unavoidable on some level owing to limitations on the precision of
English.)

The FSF addressed this issue publicly in this document:
http://www.gnu.org/licenses/gplv3-the-program.html

The use of "particular" in my redefinition here reinforces this
reasonable interpretation.
This commit is contained in:
Richard Fontana 2012-07-06 00:58:28 -04:00
parent 7ead19bf87
commit fda67e63c4
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@ -2,8 +2,10 @@
0. Definitions. 0. Definitions.
"The Program" refers to any copyrightable work licensed under this "You" means a person exercising rights under this License.
License. Each licensee is addressed as "you".
"The Program" means a particular copyrightable work licensed under
this License and received by You.
To "modify" a work means to copy from or adapt all or part of the work To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an in a fashion requiring copyright permission, other than the making of an
@ -14,7 +16,7 @@ earlier work or a work "based on" the earlier work.
on the Program. on the Program.
To "propagate" a work means to do anything with it that, without To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for permission, would make You directly or secondarily liable for
infringement under applicable copyright law, except executing it on a infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying, computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the distribution (with or without modification), making available to the
@ -74,22 +76,22 @@ subprograms and other parts of the work.
All rights granted under this License are granted for the term of All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited conditions are met. This License explicitly affirms Your unlimited
permission to run the unmodified Program. The output from running a permission to run the unmodified Program. The output from running a
Covered Work is covered by this License only if the output, given its Covered Work is covered by this License only if the output, given its
content, constitutes a Covered Work. This License acknowledges your content, constitutes a Covered Work. This License acknowledges Your
rights of fair use or other equivalent, as provided by copyright law. rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate Covered Works that you do not You may make, run and propagate Covered Works that You do not
convey, without conditions so long as your license otherwise remains convey, without conditions so long as Your license otherwise remains
in force. You may convey Covered Works to others for the sole purpose in force. You may convey Covered Works to others for the sole purpose
of having them make modifications exclusively for you, or provide you of having them make modifications exclusively for You, or provide You
with facilities for running those works, provided that you comply with with facilities for running those works, provided that You comply with
the terms of this License in conveying all material for which you do the terms of this License in conveying all material for which You do
not control copyright. Those thus making or running the Covered Works not control copyright. Those thus making or running the Covered Works
for you must do so exclusively on your behalf, under your direction for You must do so exclusively on Your behalf, under Your direction
and control, on terms that prohibit them from making any copies of and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you. Your copyrighted material outside their relationship with You.
Conveying under any other circumstances is permitted solely under Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10 the conditions stated below. Sublicensing is not allowed; section 10
@ -103,34 +105,34 @@ measure under any applicable law fulfilling obligations under article
similar laws prohibiting or restricting circumvention of such similar laws prohibiting or restricting circumvention of such
measures. measures.
When you convey a Covered Work, you waive any legal power to forbid When You convey a Covered Work, You waive any legal power to forbid
circumvention of technological measures to the extent such circumvention circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to is effected by exercising rights under this License with respect to
the Covered Work, and you disclaim any intention to limit operation or the Covered Work, and You disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of users, Your or third parties' legal rights to forbid circumvention of
technological measures. technological measures.
4. Conveying Verbatim Copies. 4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you You may convey verbatim copies of the Program's source code as You
receive it, in any medium, provided that you conspicuously and receive it, in any medium, provided that You conspicuously and
appropriately publish on each copy an appropriate copyright notice; appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code; non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program. recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, You may charge any price or no price for each copy that You convey,
and you may offer support or warranty protection for a fee. and You may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions. 5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions: terms of section 4, provided that You also meet all of these conditions:
a) The work must carry prominent notices stating that you modified a) The work must carry prominent notices stating that You modified
it, and giving a relevant date. it, and giving a relevant date.
b) The work must carry prominent notices stating that it is b) The work must carry prominent notices stating that it is
@ -144,11 +146,11 @@ terms of section 4, provided that you also meet all of these conditions:
additional terms, to the whole of the work, and all its parts, additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it. invalidate such permission if You have separately received it.
d) If the work has interactive user interfaces, each must display d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your interfaces that do not display Appropriate Legal Notices, Your
work need not make them do so. work need not make them do so.
A compilation of a Covered Work with other separate and independent A compilation of a Covered Work with other separate and independent
@ -164,7 +166,7 @@ parts of the aggregate.
6. Conveying Non-Source Forms. 6. Conveying Non-Source Forms.
You may convey a Covered Work in object code form under the terms You may convey a Covered Work in object code form under the terms
of sections 4 and 5, provided that you also convey the of sections 4 and 5, provided that You also convey the
machine-readable Corresponding Source under the terms of this License, machine-readable Corresponding Source under the terms of this License,
in one of these ways: in one of these ways:
@ -176,19 +178,19 @@ in one of these ways:
b) Convey the object code in, or embodied in, a physical product b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a (including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product long as You offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this more than Your reasonable cost of physically performing this
conveying of source, or (2) access to copy the conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge. Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord only if You received the object code with such an offer, in accord
with subsection 6b. with subsection 6b.
d) Convey the object code by offering access from a designated d) Convey the object code by offering access from a designated
@ -197,15 +199,15 @@ in one of these ways:
further charge. You need not require recipients to copy the further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party) may be on a different server (operated by You or a third party)
that supports equivalent copying facilities, provided you maintain that supports equivalent copying facilities, provided You maintain
clear directions next to the object code saying where to find the clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is Corresponding Source, You remain obligated to ensure that it is
available for as long as needed to satisfy these requirements. available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding You inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no Source of the work are being offered to the general public at no
charge under subsection 6d. charge under subsection 6d.
@ -230,14 +232,14 @@ suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because code is in no case prevented or interfered with solely because
modification has been made. modification has been made.
If you convey an object code work under this section in, or with, or If You convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install if neither You nor any third party retains the ability to install
modified object code on the User Product (for example, the work has modified object code on the User Product (for example, the work has
been installed in ROM). been installed in ROM).
@ -266,15 +268,15 @@ apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions. this License without regard to the additional permissions.
When you convey a copy of a Covered Work, you may at your option When You convey a copy of a Covered Work, You may at Your option
remove any additional permissions from that copy, or from any part of remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place removal in certain cases when You modify the work.) You may place
additional permissions on material, added by you to a Covered Work, additional permissions on material, added by You to a Covered Work,
for which you have or can give appropriate copyright permission. for which You have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you Notwithstanding any other provision of this License, for material You
add to a Covered Work, you may (if authorized by the copyright holders of add to a Covered Work, You may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms: that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the a) Disclaiming warranty or limiting liability differently from the
@ -300,12 +302,12 @@ that material) supplement the terms of this License with terms:
those licensors and authors. those licensors and authors.
All other non-permissive additional terms are considered "further All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you restrictions" within the meaning of section 10. If the Program as You
received it, or any part of it, contains a notice stating that it is received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains restriction, You may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this a further restriction but permits relicensing or conveying under this
License, you may add to a Covered Work material governed by the terms License, You may add to a Covered Work material governed by the terms
of that license document, provided that the further restriction does of that license document, provided that the further restriction does
not survive such relicensing or conveying. not survive such relicensing or conveying.
@ -316,41 +318,41 @@ license or stated as exceptions to or qualifications of this License.
You may not propagate or modify a Covered Work except as expressly You may not propagate or modify a Covered Work except as expressly
provided under this License. Any unauthorized act of propagation or provided under this License. Any unauthorized act of propagation or
modification automatically terminates your rights under this License modification automatically terminates Your rights under this License
(including any patent licenses granted under the third paragraph of (including any patent licenses granted under the third paragraph of
section 10). section 10).
However, if you cease all violation of this License, then your However, if You cease all violation of this License, then Your
license from a particular copyright holder is reinstated (a) license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright finally terminates Your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means holder fails to notify You of the violation by some reasonable means
prior to 60 days after the cessation. prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is Moreover, Your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the reinstated permanently if the copyright holder notifies You of the
violation by some reasonable means, this is the first time you have violation by some reasonable means, this is the first time You have
received notice of violation of this License (for any work) from that received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after copyright holder, and You cure the violation prior to 30 days after
your receipt of the notice. Your receipt of the notice.
Termination of your rights under this section does not terminate the Termination of Your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under licenses of parties who have received copies or rights from You under
this License. If your rights have been terminated and not permanently this License. If Your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same reinstated, You do not qualify to receive new licenses for the same
material under section 10. material under section 10.
9. Automatic Licensing of Downstream Recipients. 9. Automatic Licensing of Downstream Recipients.
Each time you convey a Covered Work, the recipient automatically Each time You convey a Covered Work, the recipient automatically
receives a license from the original licensors, to run, modify and receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License. for enforcing compliance by third parties with this License.
You may not impose any further restrictions on the exercise of the You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may rights granted or affirmed under this License. For example, You may
not impose a license fee, royalty, or other charge for exercise of not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation rights granted under this License, and You may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that (including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it. sale, or importing the Program or any portion of it.
@ -371,7 +373,7 @@ purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of patent sublicenses in a manner consistent with the requirements of
this License. this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free Each contributor grants You a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version. propagate the contents of its contributor version.
@ -383,54 +385,54 @@ sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a party means to make such an agreement or commitment not to enforce a
patent against the party. patent against the party.
If you convey a Covered Work, knowingly relying on a patent license, If You convey a Covered Work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means, publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so then You must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the available, or (2) arrange to deprive Yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have license to downstream recipients. "Knowingly relying" means You have
actual knowledge that, but for the patent license, your conveying the actual knowledge that, but for the patent license, Your conveying the
Covered Work in a country, or your recipient's use of the Covered Work Covered Work in a country, or Your recipient's use of the Covered Work
in a country, would infringe one or more identifiable patents in that in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid. country that You have reason to believe are valid.
A patent license is "discriminatory" if it does not include within A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is work if You are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment in the business of distributing software, under which You make payment
to the third party based on the extent of your activity of conveying to the third party based on the extent of Your activity of conveying
the work, and under which the third party grants, to any of the the work, and under which the third party grants, to any of the
parties who would receive the Covered Work from you, a discriminatory parties who would receive the Covered Work from You, a discriminatory
patent license (a) in connection with copies of the Covered Work patent license (a) in connection with copies of the Covered Work
conveyed by you (or copies made from those copies), or (b) primarily conveyed by You (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that for and in connection with specific products or compilations that
contain the Covered Work, unless you entered into that arrangement, contain the Covered Work, unless You entered into that arrangement,
or that patent license was granted, prior to 28 March 2007. or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law. otherwise be available to You under applicable patent law.
11. Liberty or Death for the Program. 11. Liberty or Death for the Program.
If conditions are imposed on you (whether by court order, agreement or If conditions are imposed on You (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a excuse You from the conditions of this License. If You cannot convey a
Covered Work so as to satisfy simultaneously your obligations under this Covered Work so as to satisfy simultaneously Your obligations under this
License and any other pertinent obligations, then as a consequence you may License and any other pertinent obligations, then as a consequence You may
not convey it at all. For example, if you agree to terms that obligate you not convey it at all. For example, if You agree to terms that obligate You
to collect a royalty for further conveying from those to whom you convey to collect a royalty for further conveying from those to whom You convey
the Program, the only way you could satisfy both those terms and this the Program, the only way You could satisfy both those terms and this
License would be to refrain entirely from conveying the Program. License would be to refrain entirely from conveying the Program.
12. Compatibility with GNU GPL and GNU AGPL. 12. Compatibility with GNU GPL and GNU AGPL.
Notwithstanding any other provision of this License, you have Notwithstanding any other provision of this License, You have
permission to relicense any Covered Work under the terms of any permission to relicense any Covered Work under the terms of any
version of the GNU General Public License and any version of the GNU version of the GNU General Public License and any version of the GNU
Affero General Public License published by the Free Software Affero General Public License published by the Free Software
@ -445,20 +447,20 @@ problems or concerns.
Each version is given a distinguishing version number. If the Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of GPL.next "or any Program specifies that a certain numbered version of GPL.next "or any
later version" applies to it, you have the option of following the later version" applies to it, You have the option of following the
terms and conditions either of that numbered version or of any later terms and conditions either of that numbered version or of any later
version published by the License Steward. If the Program does not version published by the License Steward. If the Program does not
specify a version number of GPL.next, you may choose any version ever specify a version number of GPL.next, You may choose any version ever
published by the License Steward. published by the License Steward.
If the Program specifies that a proxy can decide which future If the Program specifies that a proxy can decide which future
versions of GPL.next can be used, that proxy's public statement of versions of GPL.next can be used, that proxy's public statement of
acceptance of a version permanently authorizes you to choose that acceptance of a version permanently authorizes You to choose that
version for the Program. version for the Program.
Later license versions may give you additional or different Later license versions may give You additional or different
permissions. However, no additional obligations are imposed on any permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a author or copyright holder as a result of Your choosing to follow a
later version. later version.
14. Disclaimer of Warranty. 14. Disclaimer of Warranty.
@ -469,19 +471,19 @@ later version.
without warranty of any kind, either express or implied, including, without warranty of any kind, either express or implied, including,
but not limited to, the implied warranties of merchantability and but not limited to, the implied warranties of merchantability and
fitness for a particular purpose. The entire risk as to the quality fitness for a particular purpose. The entire risk as to the quality
and performance of the Program is with you. Should the Program prove and performance of the Program is with You. Should the Program prove
defective, you assume the cost of all necessary servicing, repair or defective, You assume the cost of all necessary servicing, repair or
correction. correction.
15. Limitation of Liability. 15. Limitation of Liability.
In no event unless required by applicable law or agreed to in In no event unless required by applicable law or agreed to in
writing will any copyright holder, or any other party who modifies writing will any copyright holder, or any other party who modifies
and/or conveys the Program as permitted above, be liable to you for and/or conveys the Program as permitted above, be liable to You for
damages, including any general, special, incidental or consequential damages, including any general, special, incidental or consequential
damages arising out of the use or inability to use the Program damages arising out of the use or inability to use the Program
(including but not limited to loss of data or data being rendered (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 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 the Program to operate with any other programs), even if such holder
or other party has been advised of the possibility of such damages. or other party has been advised of the possibility of such damages.