diff options
Diffstat (limited to 'docs/licenses-introduction.md')
-rw-r--r-- | docs/licenses-introduction.md | 263 |
1 files changed, 263 insertions, 0 deletions
diff --git a/docs/licenses-introduction.md b/docs/licenses-introduction.md new file mode 100644 index 0000000..21dbeff --- /dev/null +++ b/docs/licenses-introduction.md @@ -0,0 +1,263 @@ +--- +Generator: 'texi2html 1.82' +description: Untitled Document +distribution: global +keywords: Untitled Document +resource-type: document +title: Untitled Document +... + +@begingroup @normalbottom @interlinepenalty = -200 + +1. Introduction to the Licenses {#introduction-to-the-licenses .chapter} +=============================== + +@firstcopyingnotice{{Copyright © 2010 Free Software Foundation, Inc.\ + {This essay is published in @fsfsthreecite} Written by Brett Smith and +Richard Stallman.\ + This part contains the text of the latest versions of the primary GNU +licenses: the GNU General Public License (GNU GPL), the GNU Lesser +General Public License (LGPL), and the GNU Free Documentation License +(FDL). Though they are legal documents, they belong in this book of +essays because they are concrete expressions of the ideals of free +software. + +Software development for the GNU operating system began in 1984. Once +Richard Stallman had parts of the GNU system that were worth releasing, +he needed a license to release them under. Some free software licenses +already existed; these gave users permission to modify and redistribute +the software, but they also allowed using the code in proprietary +versions and proprietary programs. Using those licenses, GNU would have +failed to achieve its goal of delivering freedom to all users, because +middlemen would have converted the GNU code into proprietary software. + +So Stallman devised a license to assure every user the freedom to modify +and redistribute the software. It granted these permissions under one +key condition: whoever distributed the software must pass along the +authorization to modify and redistribute that same software, along with +the source code making it practical to do so. Stallman coined the term +“copyleft” (see “What Is Copyleft?” on @pageref{Copyleft}) to describe +this key twist of using the legal power of copyright to ensure freedom +for all users. + +GNU copyleft licenses were first developed for software, and later for +related areas such as software documentation. In them, the principles of +the free software movement, explained throughout the essays in this +book, take practical form. Each of their successive revisions has had to +wrestle with free software’s legal and practical obstacles and offers +numerous illustrations of how free software ideals are codified into +legal terms. + +### The Origins of the GPL {#the-origins-of-the-gpl .subheading} + +The first version of the GNU General Public License was published in +1989—but Stallman had been releasing software under copyleft licenses as +part of the GNU Project since as early as 1985. Prior to 1989, each +published GNU program had been covered by a license specifically +tailored for it. Instead of a single GNU General Public License, there +was a GNU CC General Public License, a GDB General Public License, and +so on. These licenses were identical except for minor differences: for +instance, terms about displaying license notices to users were different +for different programs and, unless it covered a program that was just +one source file, each license contained the name of the program it +applied to. + +By 1989, Stallman had had enough experience with different GNU packages +under slightly different licenses to conclude that it was crucial to +unify them into one license that would cover all these packages. He +worked with Jerry Cohen, an attorney at Perkins Smith & Cohen LLP, to +collect concepts from all the different licenses written up to that +point, and bring them together into one license. It was thus that on +1 February 1989 the GNU General Public License was born. + +The first version of the license sought to ensure two results: first, +that all derived works of the software would be released under the same +license and, second, that everyone who received the software would have +a chance to get the source code. These requirements implement a strong +copyleft by blocking the three main ways of making programs proprietary: +with copyright, with end-user license agreements, and by not +distributing source code. + +In comparison to the program-specific licenses that had preceded it, GPL +version 1 featured few substantial changes—the GPL was evolutionary, not +revolutionary—but it made a big practical difference. Previously, +developers who had wanted to copyleft a program had needed to tailor one +of the existing licenses to that program. Many had not bothered. With +the release of the GPL, those developers had a license they could use +out of the box to provide all of their users with freedom to share and +change the software. It was a powerful tool. + +### Version 2 {#version2 .subheading} + +After the 1981 US Supreme Court decision in Diamond v. Diehr, the US +Patent and Trademark Office began issuing patents for software. Software +patents threaten free software and proprietary software alike (see part +IV in this book), and Stallman realized that they could subvert the +copyleft in the GNU GPL. + +By selectively issuing patent licenses, patent holders can arbitrarily +control how the software under them is distributed or modified. A patent +holder can give one party permission to resell the program, another +permission to develop and use a modified version at her company, and a +third permission to do all the activities that the GPL itself allows. +They can demand whatever they wish in exchange for these permissions. +They have this power over any software that implements the patented +idea, whether or not they have modified or distributed it themselves. +This power threatens free software because third parties with patents +can impose restrictions on free software users and developers. + +If patent holders don’t distribute or modify software, then a software +license based on copyright like the GPL can’t control their activities: +they haven’t done anything that requires permission under the license. +But the software license can stop each of the program’s distributors +from entering limiting agreements with the patent holder. Enter GPL +version 2: a new section in the license (sec. 7) explicitly says that if +parties are subject to other legal agreements—such as a patent +license—that contradict the GPL’s terms, then the licensee must refrain +from distributing the software at all. As a result, any party that wants +to distribute or modify the software, and also obtain a patent license, +must ensure that the terms of that license are consistent with all of +the GPL’s conditions: recipients of the software must receive it under +the same terms, with no additional restrictions, and have the means to +get the source code. + +This new section protected the integrity of the distribution system for +GPL-covered software. A fundamental principle of the license is that +every licensee, from the most humble individual to the largest +corporation, has the exact same rights to share and change the software. +Patent holders who do not distribute the software themselves and +selectively issues patent licenses could potentially interfere with this +goal, splitting licensees into different groups however they see fit. +Section 7 of GPL version 2 prevents this abuse. + +### The LGPL {#the-lgpl .subheading} + +The GPL worked well for the programming tools, utilities, and games that +were released by the GNU Project in the early years; however, Stallman +recognized that releasing the recently developed GNU C Library the same +way could backfire. Aside from some extensions, the GNU C Library was to +be a compatible replacement for the Unix C Library, so any C program +would be able link with either one. If proprietary C programs were not +allowed to use the GNU C Library, they would simply use the Unix +library. Being strict in this case would gain nothing. + +Stallman decided to compromise with a modified copyleft: one that would +protect the freedom of the library itself, but not that of the programs +that use it. This idea was implemented in a license originally called +the GNU Library General Public License, first published as version 2.0, +in June 1991. The original LGPL stated Conditions like the GPL’s—with an +important exception: if someone else’s program used the library only by +referring to it as a library, that program’s source could be distributed +under license terms of the author’s choosing. However, the executable +made by combining the program and the library had to come with a copy of +the LGPL and source code for the library, and provide some mechanism for +users who have modified the library to update the executable to use +their modified library. + +How does a developer use the work as a library in order to take +advantage of the special set of conditions provided by LGPLv2? Think of +a computer program as a series of instructions for doing a particular +job: compiling or linking the program with a library provides the +programmer with a means to say, “When the program gets to this point, +get further instructions from the library, and come back here when those +are done.” Libraries are commonly used in software development because +they make the effort less repetitive and less error prone: programmers +don’t have to reinvent the wheel—and perhaps introduce bugs in the +process—every time they want to accomplish a particular task. Because +libraries are so widely created and used, developers have the means to +readily take advantage of the LGPL’s additional permissions. + +Version 2.0 of the license worked as intended: in some situations, +proprietary software developers chose to use an LGPL-covered library +over a proprietary alternative, and users received the freedom to share +and change that library. This did not produce an “ideal” outcome—where +the user had complete control over the entire program—but in these cases +the GPL would not have achieved that ideal outcome either. The LGPL +assured the users some freedom where they would have otherwise had none. + +The name “Library GPL” led some free software developers to assume all +libraries ought on principle to be licensed this way, but that was not +the intent—when a free library has no proprietary competitor, releasing +it under the GNU GPL can benefit free software. To avoid this unintended +message, Stallman renamed this license to the Lesser General Public +License, and incremented the version number to 2.1 to reflect the +relatively minor changes in the text: the license sported a new +preamble, a few wording clarifications, and allowed programs to make +their calls to the library through special system facilities for shared +libraries where those are available. The Lesser General Public License +version 2.1 was released in February 1999. + +### The FDL {#the-fdl .subheading} + +At the turn of the century, free software was growing much faster than +it had been previously; the documentation, however, was not keeping +pace. Stallman was concerned about this failure and wrote about it in +“Free Software Needs Free Documentation” (@pageref{Free Doc}). + +While there are some similarities between software and +documentation—they are both works that are meant for practical use—there +are important differences in the ways they can be used. The GPL and the +LGPL were not suitable for manuals. + +For some time, GNU packages had been using an untitled, simple, ad hoc +copyleft license for each manual. Since each manual’s license was +different, text could not be copied from one manual to another. So +Stallman wrote the GNU Free Documentation License, a copyleft license +designed primarily for software documentation and other practical +written works. + +The FDL was first published in March 2000. The principles of the +copyleft remain the same: everyone who receives a copy of the work +should be able to modify and redistribute it. Where the FDL differs from +the software licenses is in the details of its implementation: +conditions about how to attribute the work and provide “source code”—an +editable version of the document—are different. + +### Version 3 {#version3 .subheading} + +During the 1990s, as free software became more popular, the GPL emerged +as the clear copyleft license of choice for the community, and was +adopted by the majority of free software projects; at the same time, +however, proprietary developers had come up with methods of effectively +denying users the freedoms that the GPL was meant to protect, without +actually violating the GPL. In addition, there were other practices that +the GPL did not handle conveniently. To deal with these issues called +for an updated version of the license. + +Around 2002, Stallman and others at the Free Software Foundation began +discussing how to update the GPL, and the LGPL along with it. The FSF +established a public review process, run with help from attorneys at the +Software Freedom Law Center, to catch possible problems before actually +releasing the new licenses. Committees of advisors from the community +studied issues raised by public comments and reported the various +positions and arguments to Stallman, who decided what policy to adopt; +then he wrote license text with advice and suggestions from the +attorneys. The importance of the changes made are explained in “Why +Upgrade to GPLv3” (@pageref{Why V3}). + +Version 3 used new terminology to promote uniform interpretations in +different jurisdictions, and modified some requirements to fit new +practices in the free software community. Beyond that, it introduced +several new conditions to strengthen the copyleft and thereby the free +software community as a whole. For instance, it + +- blocked distributors from restricting users by building hardware + that rejects the users’ modified versions (“tivoization”); +- allowed code to carry limited additional requirements, for + compatibility with some other popular free software licenses; +- and strengthened patent requirements by providing clear terms to + handle patent cross-licenses, which are common arrangements between + large patent-holding companies. + +Both GPLv3 and LGPLv3 included terms to address all of these issues, and +were finally released on 29 June 2007. These licenses are the state of +the art in copyleft, going farther than any other software license to +protect users’ freedom and bring about a world in harmony with the +ideals expressed in this book. + +@endgroup + +------------------------------------------------------------------------ + +This document was generated by *tonghuix* on *March 25, 2016* using +[*texi2html 1.82*](http://www.nongnu.org/texi2html/).\ |