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\title{Overview of GPLv3, Second Draft}

\author{Yoni Rabkin}
\email{yonirabkin@member.fsf.org}

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\begin{document}

\maketitle

\begin{slide}{Abstract}
  This lecture introduces the public discussion drafts of the GNU
  General Public License (from now on referred to as GPLv3, GPL or
  GPL3). We will ``walk'' through the license and highlight
  differences between the proposed version 3 and version 2 of the GPL.
\end{slide}

\begin{slide}{Primary goal of this lecture}
  The primary goal of this lecture is to inspire people to join the
  drafting process though an introduction to the text.
\end{slide}

\begin{slide}{When}
  Schedule:
  \begin{enumerate}
  \item 16-17 January -- Initial Conference, release of first public draft\footnote{Months of so-called ``secret'' work came before to avoid lobbying, remain flexible at first, lay legal goundwork etc.}
  \item June 2006 -- Second discussion draft (done: July 27th)
  \item September 2006 -- Earliest possible release date of GPL3
  \item October 2006 -- Possible third discussion draft
  \item March 2007 -- Latest possible release date of GPL3
  \end{enumerate}
\end{slide}

\begin{slide}{Topology of the Drafting Process}
  \begin{itemize}
  \item RMS, Eben Moglen draft the text
  \item Discussion Committees deliberate, publicise and present
    arguments to the drafters.\footnote{The Discussion Committees are
      invitiaion only, but they can in-turn freely invite additional
      people}
  \item The general public via conferences and the collaboration
    methods at http://gplv3.fsf.org
  \end{itemize}
\end{slide}

\begin{slide}{The Discussion Committees}
  Who has been invited to the Discussion Committees?

  Stake-holders. To name a few, in no particular order:

  Google, The Mozilla Foundation, Redhat, Intel, Gentoo, Bruce Perens,
  The Apache Foundation, Apple, MySQL, IBM, Sun, AMD, OSDL, Nokia, The
  Home Depot, Commonwealth of Massachusetts, The Bank of America,
  ifross.de and many more.\footnote{Incidentally, many of the above fund the Freedom Law Center in New-York.}
\end{slide}

\begin{slide}{Process Goals}
  The drafting process has the following stated objectives\cite{procdef}:
  \begin{itemize}
  \item A global license for the signatories of the Bern convention\footnote{Version 2 of the GPL was rather United States specific.}
  \item Protection of existing freedoms
  \item Do No Harm, being mindful of unintended consequences
  \item Consulting the community\footnote{The second public draft is
    living proof that the public process is a resounding success.}
  \end{itemize}
\end{slide}

\begin{slide}{The Freedoms}
  Here are the fundamental freedoms which the GPL grants:
  \begin{itemize}
  \item The freedom to run the program, for any purpose (freedom 0).
  \item The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
  \item The freedom to redistribute copies so you can help your neighbor (freedom 2).
  \item The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.
  \end{itemize}
\end{slide}

\begin{slide}{Satellite Licenses}
  Additionally, drafts have been published of the GNU Free Document
  License and the new GNU Simpler Free Documentation License. Here are
  some highlights:
  \begin{itemize}
  \item New terms crafted during the GPLv3 process to improve internationalization
  \item Clarifications to help people applying the license to audio and video
  \item Relaxed requirements for using an excerpt from a work
  \end{itemize}
\end{slide}

\begin{slide}{Section 0, Propagation}
  Quote the draft:
  \begin{quote}
    To ``propagate'' a work means doing anything with it that requires
    permission under applicable copyright law, except executing it on
    a computer, or making modifications that you do not share. ... To
    ``convey'' a work means any kind of propagation that enables other
    parties to make or receive copies, ...
  \end{quote}
  Intent: To ``cut-loose'' the license from any particular system of
  law. To enhance and increase the applicability of the license in
  different countries.
\end{slide}

\begin{slide}{Section 1, Source Code}
  Quote the draft:
  \begin{quote}
    The ``source code'' for a work means the preferred form of the
    work for making modifications to it. ``Object code'' means any
    non-source version of a work. ... The ``System Libraries'' of an
    executable work include every subunit such that ...
  \end{quote}
  Intent: To aid a wide range of different systems of law in
  understanding how to identify the source code for a work. ``System
  Libraries'' are explicitly described.
\end{slide}

\begin{slide}{Section 1, Corresponding Source}
  Quote the draft:
  \begin{quote}
    The ``Corresponding Source'' for a work in object code form means all
    the source code needed to generate, install, and (for an executable
    work) run the object code and to modify the work, except its System
    Libraries, and except general-purpose tools ...
  \end{quote}
  Intent: Builds upon the previous definitions to include code the
  program is designed to require and exclude general-purpose system
  code.
\end{slide}

\begin{slide}{Section 1, Corresponding Source}
  Quote the draft:
  \begin{quote}
    The Corresponding Source also includes any encryption or
    authorization keys necessary to install and/or execute modified
    versions from source code in the recommended or principal context
    of use, such that they can implement all the same functionality in
    the same range of circumstances.
  \end{quote}
  Intent: To paraphrase Eben Moglen: ``In the vernacular: Plays All
  the Same Movies''.
\end{slide}

\begin{slide}{Section 2, Basic Permissions: Fair Use}
  Quote the draft:
  \begin{quote}
    ... This License acknowledges your rights of ``fair use'' or other
    equivalent, as provided by copyright law. ...
  \end{quote}
  Intent: As stated, to make explicit that the license encourages fair
  use doctrine.
\end{slide}

\begin{slide}{Section 2, Basic Permissions: Patent Retaliation}
  Quote the draft:
  \begin{quote}
    This License permits you to make and run privately modified
    versions of the Program, or have others make and run them on your
    behalf. However, this permission terminates, as to all such
    versions, if you bring suit against anyone for patent infringement
    of any of your essential patent claims in any such version, for
    making, using, selling or otherwise conveying a work based on the
    Program in compliance with this License.
  \end{quote}
  Intent: Narrow patent retaliation.
\end{slide}

\begin{slide}{Section 2, Basic Permissions: Propagation of covered works}
  Quote the draft:
  \begin{quote}
    Propagation of covered works other than conveying is permitted
    without limitation.  Sublicensing is not allowed; section 10 makes
    it unnecessary.  Conveying is permitted under the conditions
    stated below.
  \end{quote}
  Intent: To ``de-link'' the license's definition of propagation from
  the incidental statutes of any particular system of law.
\end{slide}

\begin{slide}{Section 3, No Denying Users' Rights through Technical Measures.}
  Quote the draft:
  \begin{quote}
    No covered work constitutes part of an effective technological
    ``protection'' measure under section 1201 of Title 17 of the
    United States Code.  When you convey a covered work, you waive any
    legal power to forbid circumvention of technical measures that
    include use of the covered work, ...
  \end{quote}
  Intent: You are welcome make Free software do whatever you want (DRM
  included), and you are welcome to set-up a machine so that it will
  not run a modified version unless signed. But you must give the
  ability to other users to sign their own modified versions.
\end{slide}

\begin{slide}{The ``conveying'' sections 4-6: Verbatim Copying}
  Section 4[1] has only been modified to take into account the new
  provisions in section 7. Nothing in the distribution section is
  incompatible with any existing forms of distribution of GPL'ed works
  in use today.
\end{slide}

\begin{slide}{The ``conveying'' sections 4-6: Definition of Aggregation}
  Quote the draft:
  \begin{quote}
    ...is called an ``aggregate'' if the copyright resulting from the
    compilation is not used to limit the legal rights of the
    compilation's users beyond what the individual works permit. ...
  \end{quote}
  This part of section 5[2], is targeted at courts and commercial
  entities. It better defines what ``mere aggregation'' is. This was a
  source of doubt and uncertainty in the past; prompting questions
  like: ``If there is a GPL'ed program on a CD in my house, is my cat
  and all the software in my entire house now under the GPL because it
  is viral?''.
\end{slide}

\begin{slide}{Section 6[3], Conveying Non-Source Forms}
  This section lists ways to we can convey the Corresponding Source
  when we ``convey'' non-source forms of the work.
\end{slide}

\begin{slide}{Section 7, Additional Terms}
  This section's intent is to bring into compatibility permissive
  licenses which were not compatible with version 2 of the GPL for
  reasons other than the actual freedoms those permissive licenses
  granted.
\end{slide}

\begin{slide}{Section 7 a, Additional Permissions}
  As long as you give all the permissions in the GPLv3, you may add
  permissions of your own. This is formalised recapitulation of the
  intent in version 2 of the GPL.
\end{slide}

\begin{slide}{Section 7 b, Additional Requirements}
  Quote the draft:
  \begin{quote}
    Additional requirements are terms that further constrain use,
    modification or propagation of covered works.
  \end{quote}
  Intent: Broaden the compatability of the GPL by allowing for the
  preservation of copyrights, legal notices, different
  warranties\footnote{important for international compatibility
    requirements}, attributions, trademarks, prohibition of using
  contributors names in advertisement, requirements of markings,
  prohibitions of misrepresentations of origin, the ``Affero GPL''
  requirement (4), and anti-aggressor patent retaliation such as in
  the Apache Software License version 2 (section 3)\cite{asl2} and
  Eclipse Public License version 1 (section 7)\cite{epl1}.
\end{slide}

\begin{slide}{Section 7}
  Additional permissions may be removed or changed by entities
  modifying the code. Additional restrictions cannot be removed or
  modified by anyone but the entity which added them in the first
  place\footnote{The GPL is believed to be enforceable, but this does
    not promise that your additional requirements are as well!}.
\end{slide}

\begin{slide}{Section 8[4], Termination}
  As opposed to the ``immediate termination'' clause in version 2 of
  the GPL, GPLv3 allows you to be put on notice, and then have your
  rights under the license terminated by a copyright holder. Those who
  have received copies, or rights, from you do not have their rights
  terminated as long as they are in full compliance.
\end{slide}

\begin{slide}{Section 9[5], Acceptance Not Required for Having Copies}
  Quote the draft:
  \begin{quote}
    You are not required to accept this License in order to receive or
    run a copy of the Program.  Ancillary propagation of a covered
    work occurring solely as a consequence of using peer-to-peer
    transmission to receive a copy likewise does not require
    acceptance.  However, nothing else grants you permission to
    propagate or modify the Program or any covered works.
  \end{quote}
  Intent: To make clear how to recieve the rights in this
  license. ``Ancillary'' transmitting of the Program via peer-to-peer
  schemes like Bittorrent does not require accepting the license.
\end{slide}

\begin{slide}{Section 10[6], Automatic Licensing of Downstream Users}
  Modified to take into account the permissions and restrictions
  clauses of section 7.
\end{slide}

\begin{slide}{Section 11, Licensing of Patents}
  Quote the draft:
  \begin{quote}
    If you convey a covered work, you similarly covenant to all
    recipients, including recipients of works based on the covered
    work, not to assert any of your essential patent claims in the
    covered work.
  \end{quote}
  Intent: Version 2 relied on the implicit patent laws in the
  U.S. GPLv3 makes clear in an explicit manner, that distributing a
  GPL'ed work is a patient license grant for the relevant
  licenses.\footnote{This is similar other Free software licenses
    which have come out since Version 2 of the GPL}
\end{slide}

\begin{slide}{Section 11, Licensing of Patents}
  Quote the draft:
  \begin{quote}
    If you convey a covered work, knowingly relying on a
    non-sublicensable patent license that is not generally available
    to all, you must either (1) act to shield downstream users against
    the possible patent infringement claims from which your license
    protects you ...
  \end{quote}
  Intent: Do not put your distributees in a position of danger from
  which you are exempt.
\end{slide}

\begin{slide}{Section 12[7], No Surrender of Others' Freedom}
  Quote the draft:
  \begin{quote}
    If conditions are imposed on you (whether by court order,
    agreement or otherwise) that contradict the conditions of this
    License, they do not excuse you from the conditions of this
    License.
  \end{quote}
  Also known as ``the Patrick
  Henry\footnote{http://en.wikipedia.org/wiki/Patrick\_Henry}
  provision''. This can also be seen as a ``truth in labeling''
  problem.
\end{slide}

\begin{slide}{Section 13[8], Geographical Limitations}
  Quote the draft:
  \begin{quote}
    ... original copyright holder who places the Program under this
    License may add an explicit geographical distribution limitation
    ...
  \end{quote}
  In version 2 of the GPL this section was primarily related to
  U.S. export limitations from 1991. Since those limitations are now
  attenuated, this section is included in the draft as a section
  slated for removal.
\end{slide}

\begin{slide}{Section 14[9], Revised Versions of this License}
  \begin{itemize}
  \item This section is essentially unmodified from version 2 of the
    GPL
  \item The FSF has no power to force anyone who licensed under ``... version 2 of the
    GPL.'' to re-license under GPLv3, even though the licenses are
    fundamentally compatible.
  \item Software licensed under ``either version 2, or (at your
    option) any later version.''\footnote{``at your option'' does not
      affect downstream users} is relicensed as GPLv3 in a
    decentralised and automatic manner
  \end{itemize}
\end{slide}

\begin{slide}{Section 16,17[11,12], NO WARRANTY}
  The ``no warranty'' sections have not been changed save to the fact
  that they have been re-represented in mixed case.
\end{slide}

\begin{slide}{A first draft of the LGPL}
  On July 27th of 2006 a first discussion draft of the LGPL was released. As a show of the power and flexibility of the newly proposed GPLv3, the LGPL was drafted as a special case of GPLv3 by invoking section 7.
\end{slide}

\begin{slide}{References}
  \begin{thebibliography}{99}
  \bibitem[1]{asl2} http://www.apache.org/licenses/LICENSE-2.0
  \bibitem[2]{epl1} http://www.eclipse.org/org/documents/epl-v10.php
  \bibitem[3]{procdef} http://gplv3.fsf.org/process-definition
  \end{thebibliography}
\end{slide}

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