GPL v3 Draft 3- text and comments
The entire draft can be found at the end of the message. I belive some
positive changes have been made, but some changes are for the worse.
Here is my analysis of the license. This is more a general analysis, but I
am trying to point out any DFSG-freeness problems I find.
I have no real comments on the preamble.
"Copyright" also means copyright-like laws that apply to other
kinds of works, such as semiconductor masks.
(from Section 0)
I like this, but I'm not sure that it is not problematic. I am aware that
Nintendo's official policy on ROMs (Dumps of the data contained in the ROM
chip of a cartidge based game) is that they are not lawful, even if you both
own the original, and are creating the ROM file yourself. They mention some
sort of exception to the rules regarding media-shifting and backup/archival
copying due to the games being stored on a chip in a cartrige. I'm guessing
they are trying to claim that Mask Rights apply. They may be right if a user
intends to create a new ROM chip containg the data, but if a computer file
is the final destination, that seems highly unlikely.
I'm guessing this clause intended to cover these sorts of claims with
respect to GPL'ed software. It also clarifies that if a semiconductor mask
design is what is being licenced, then Mask Rights are licenced just as
Copyright is.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
(from Section 3)
Trying to remove the US specific law refernce on this clause intended to
defeat the concept of DCMA-like anti-circumvention rules only makes this
harder to understand, and makes its purpose less clear.
When you convey a covered work, you waive any legal power to forbid
circumvention of technical measures to the extent such circumvention
is effected by exercising rights under this License with respect to
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
users, your or third parties' legal rights to forbid circumvention of
technical measures.
( from section 3)
That sentence is only a little less cryptic. Sure we understand what it is
intended to mean, but what about other people unfamilar with the DMCA
anti-circumvention rules. What would they think is being said?
Section 4 (about verbatim source code copying) looks fine to me. I see not
problems with it, except perhaps that the section title may be a bit
misleading as it only applies to works in source form.
The work must carry prominent notices stating that you
modified it, and giving a relevant date.
(from section 5)
This is ok, but I'm not sure about the relevant date. Would the date I first
thought about making the change be sufficient? (The date the change was made
or published is presumeably what was intended).
Section 5d ("If the work has interactive user interfaces ...") is one I've
never liked. I don't like the way it is worded currently. Especially the
last sentence. The way it was stated in GPLv2 seemed clearer to me than this
does.
Section 6b says "valid for at least three years and valid for as long as you
offer spare parts or customer support for that product model," That is an
interesting concept. I suppose it is good. That is not a new change so I
must have missed that change when it was first made.
The new stuff at the end of section 6, about "consumer products" and
"Installation infromation" is the new form of the TiVo clause, and is likely
a DFSG--freeness minefeild. I'm not certain of that, but it seems big and
complicated and consists almost entirely of completely new wording. This is
one section that is important to look closely at.
Section 7 Seems better, and far less problematic.
Section 8 looks ok to me, but perhaps there is some freeness problem with it
that I am not seeing.
Section 11 may be tricky as it is covers patents. I would not be too
suprised to find freness problems associated with this section.
Section 13 is far better than the equivlent that was found in the previous
section 7. I'm not a fan of the licence explicitly referencing that other
licence, but it prevents Affero-covered code from being considered
GNU-gpled. It is basically equivlent for our purposes to an additional
permission that allows linking to a proprietary library. If used the
complete work as a whole is non -free, but the GNU-GPL'ed part seperated is
free, but may need to be in contrib it it depends on the Affero Code. (This
is all based on the assumption that the affero V2 is considered
DFSG-nonfree. If it is considered DFSG-free then this is not an issue at
all.).
My current conclusion is that I'm not seeing any DFSG-freeness problems.
Some may still exist, and iif so likely exist witith the patent section or
section about installation instructions, (both of which I have not read
closely).
For the record: IANAL, IANADD.
Cheers,
Tacvek
-------------------------------------------------------------------------------------------
GNU GENERAL PUBLIC LICENSE
Discussion Draft 3 of Version 3, 28 March 2007
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copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, see http://www.gnu.org/licenses
or write to the Free Software Foundation,Inc., 51 Franklin Street,
Fifth Floor, Boston, MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short
notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show
w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; for a GUI interface,
you would use an "About box" instead.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
For more information on how to apply and follow the GNU GPL, see
http://www.gnu.org/licenses.
The GNU General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications with
the library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
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