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Re: Final text of GPL v3



On Sat, 30 Jun 2007 13:41:15 +0100 (BST) MJ Ray wrote:

> Francesco Poli <frx@firenze.linux.it> wrote:
> > >   3. Protecting Users' Legal Rights From Anti-Circumvention Law.
> > [...]
> > Waiving legal rights can be seen as a fee: this clause could fail
> > DFSG#1.
> 
> It could, but I don't think this is one we can test in many cases.
> 
> If GPLv3 does turn out to have bizarre interactions with Computer
> Misuse law, then either FSF will amend (I hope) or GPLv3 will surely
> be rejected en masse.  Until then, I'm willing to assume it does what
> was intended and not hold it as a problem following the DFSG.

So, IIUC, you feel that this interpretation is too far fetched, and the
only interpretation that could hold up in court is the intended one:
forbidding use of DMCA/EUCD/... to take away freedoms granted by the
license.
And this clause, interpreted as intended, is a DFSG-free restriction.

Mmmh, maybe you are right.  Maybe my concerns about this clause are bit
exaggerated...


> 
> > >   5. Conveying Modified Source Versions. [...]
> > >     d) If the work has interactive user interfaces, each must
> > >     display Appropriate Legal Notices; however, if the Program has
> > >     interactive interfaces that do not display Appropriate Legal
> > >     Notices, your work need not make them do so.
> > [...]
> > What is more awkward
> > is that it seems that when a non-interactive work is modified so
> > that it becomes an interactive work, the modifier is *compelled* to
> > implement these features in *any* newly created interactive
> > interface.
> 
> Are you sure?

I am not sure, but anyway, who can really be sure about anything?!?

> If the work has no interactive user interfaces, neither
> of the above 'if' parts seem true already, so adding the first such
> interface lets its author make both parts true simultaneously by
> adding an interface which does not display the notices, if they so
> wish.

The scenario I am mainly worried about is the following.

The work A is published under the terms of the GNU GPL v3.
A has *no* interactive interfaces, because it's not an interactive work.
I receive work A and want to create a modified work based on A.
The modified work is named B and has one, newly implemented, interactive
interface.  Hence, work B is an interactive work.
I want to distribute work B in source form.

In this scenario, I have to comply with Section 5 of the GNU GPL v3.
Work B is the "work based on the Program" referred to in the first
sentence of Section 5:

|   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
| terms of section 4, provided that you also meet all of these
| conditions:

On the other hand, work A is the "Program".
Is that right?  I cannot see any other reasonable interpretation.

Hence, I read clause 5d as:

|  d) If the work [= work B] has interactive user interfaces [yes, it
|  has one], each must display Appropriate Legal Notices [I must
|  implement the feature in the newly created interactive interface];
|  however, if the Program [= work A] has interactive interfaces [no,
|  it has none] that do not display Appropriate Legal Notices, your work
|  need not make them do so [this does not apply, since the condition is
|  false].

This means that I'm compelled to implement the feature in the newly
created interactive interface, even if I don't want to.


> 
> > >   7. Additional Terms.
> > [...]
> > Especially, clause 7b is a permission to add a possibly non-free
> > requirement.  Actually: what exactly is a "reasonable legal notice"?
> > What exactly is an "author attribution"?  These terms are not
> > defined anywhere in the license. [...]
> 
> I share these reservations.  A problem to watch for in GPLv3 packages.

Hooray!  Another check-on-case-by-case-basis license!  :-(

> 
> > >   13. Use with the GNU Affero General Public License.
> > [...]
> > Being compatible with an unreleased (and probably non-free) license
> > destroys the copyleft mechanism of the GPLv3.
> 
> Not destruction, but it means GPLv3 is only a weak copyleft IMO.

Yes, I should have written "greatly weakens", I was dramatizing a bit
too much...

> It
> is amazing that GPLv3 may give a minor exit route from free software
> to adware.  The only way to avoid it is for FSF to never release
> GAGPL, but how likely is FSF to change course now?

I don't count on it to happen...  :-(
The FSF seems to not listen to Free Software supporters anymore.  Or, at
least, it seems to listen to the wrong ones...

> They've
> marginalised several good web app authors from the consultations by
> putting it in a bad Web-2.Null interface, so I'm fearful it's a done
> deal.



Thanks for replying to my comments.

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
 Need to read a Debian testing installation walk-through?
..................................................... Francesco Poli .
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