Personal tools
You are here: Home GPLv3, 2nd discussion draft
Document Actions

GPLv3, 2nd discussion draft

GPLv3 was released on 2007 June 29. The drafting process is closed; these materials are here for archival purposes. Thank you for your support.

Click here to get the file

Size 27.3 kB - File type text/plain

File contents

                    Discussion Draft 2 of Version 3, 27 July 2006


 Copyright (C) 2006 Free Software Foundation, Inc.
     51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
 Everyone is permitted to copy and distribute verbatim copies
 of this license document, but changing it is not allowed.


  The licenses for most software are designed to take away your freedom to
share and change it.  By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free software--to
make sure the software is free for all its users.  We, the Free Software
Foundation, use the GNU General Public License for most of our software; it
applies also to any other program whose authors commit to using it.  You
can apply it to your programs, too.

  When we speak of free software, we are referring to freedom, not
price.  Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs, and that you know you can do these things.

  To protect your rights, we need to make requirements that forbid
anyone to deny you these rights or to ask you to surrender the rights.
Therefore, you have certain responsibilities if you distribute copies
of the software, or if you modify it.

  For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have.  You must make sure that they, too, receive or can get the
source code.  And you must show them these terms so they know their

  Developers that use the GNU GPL protect your rights with two steps:
(1) assert copyright on the software, and (2) offer you this License
which gives you legal permission to copy, distribute and/or modify the

  For the developers' and authors' protection, the GPL clearly
explains that there is no warranty for this free software.  For both
users' and authors' sake, the GPL requires that modified versions be
marked as changed, so that their problems will not be associated
erroneously with the original version.

  Some computers are designed to deny users access to install or run
modified versions of the software inside them.  This is fundamentally
incompatible with the purpose of the GPL, which is to protect users'
freedom to change the software.  Therefore, the GPL ensures that the
software it covers will not be restricted in this way.

  Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of
software on general-purpose computers, but in places where they do, we
wish to avoid the special danger that redistributors of a free program
will individually obtain patent licenses, in effect making the program
proprietary.  To prevent this, the GPL assures that patents cannot be
used to render the program non-free.


0.  Definitions.

  In this License, each licensee is addressed as "you," while "the
Program" refers to any work of authorship licensed under this License.
A "modified" work includes, without limitation, versions in which
material has been translated or added.  A work "based on" another work
means any modified version, formation of which requires permission
under applicable copyright law.  A "covered work" means either the
unmodified Program or a work based on the Program.

  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.  Propagation
includes copying, distribution (with or without modification), making
available to the public, and in some countries other activities as
well.  To "convey" a work means any kind of propagation that enables
other parties to make or receive copies, excluding sublicensing.

  A party's "essential patent claims" in a work are all patent claims
that the party can give permission to practice, whether already
acquired or to be acquired, that would be infringed by making, using,
or selling the work.

1. Source Code.

  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 (a) the identical subunit is normally included as an adjunct
in the distribution of either a major essential component (kernel,
window system, and so on) of the specific operating system (if any) on
which the object code runs, or a compiler used to produce the object
code, or an object code interpreter used to run it, and (b) the
subunit (aside from possible incidental extensions) serves only to
enable use of the work with that system component or compiler or
interpreter, or to implement a widely used or standard interface for
which an implementation is available to the public in source code

  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 or generally available
free programs which are used unmodified in performing those activities
but which are not part of the work.  For example, Corresponding Source
includes scripts used to control those activities, interface
definition files associated with the program source files, and the
source code for shared libraries and dynamically linked subprograms
that the work is specifically designed to require, such as by complex
data communication or control flow between those subprograms and other
parts of the work.

  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.  (For instance, if the work is a DVD
player and can play certain DVDs, it must be possible for modified
versions to play those DVDs.  If the work communicates with an online
service, it must be possible for modified versions to communicate with
the same online service in the same way such that the service cannot
distinguish.)  A key need not be included in cases where use of the
work normally implies the user already has the key and can read and
copy it, as in privacy applications where users generate their own
keys.  However, the fact that a key is generated based on the object
code of the work or is present in hardware that limits its use does
not alter the requirement to include it in the Corresponding Source.

  The Corresponding Source may include portions which do not formally
state this License as their license, but qualify under section 7
for inclusion in a work under this License.

  The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding

2. Basic Permissions.

  All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met.  This License explicitly affirms your unlimited
permission to run the unmodified Program.  The output from running it
is covered by this License only if the output, given its content,
constitutes a covered work.  This License acknowledges your rights of
"fair use" or other equivalent, as provided by copyright law.

  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.

  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

3. No Denying Users' Rights through Technical Measures.

  Regardless of any other provision of this License, no permission is
given for modes of conveying that deny users that run covered works
the full exercise of the legal rights granted by this License.

  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, and you disclaim any intention to limit operation
or modification of the work as a means of enforcing the legal rights
of third parties against the work's users.

4.[1] Verbatim Copying.

 You may copy and convey verbatim copies of the Program's source code
as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all license notices and notices of the absence of any
warranty; and give all recipients, along with the Program, a copy of
this License and the central list (if any) required by section 7.  The
recipients of these copies will possess all the rights granted by this
License (with any added terms under section 7).

  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.

5.[2] Conveying Modified Source Versions.

  You may copy and 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 above, provided that you also meet
all of these conditions:

    a) The modified work must carry prominent notices stating that you
    changed the work and the date of any change.

    b) You must license the entire work, as a whole, under this
    License to anyone who comes into possession of a copy.  This
    License must apply, unmodified except as permitted by section 7
    below, to the whole of the work, and all its parts, regardless of
    how they are packaged.  This License gives no permission to
    license the work in any other way, but it does not invalidate such
    permission if you have separately received it.

    c) If the modified work has interactive user interfaces, each must
    include a convenient feature that displays an appropriate
    copyright notice, and tells the user that there is no warranty for
    the program (or that you provide a warranty), that users may
    convey the modified work under this License, and how to view a
    copy of this License together with the central list (if any) of
    other terms in accord with section 7.  Specifically, if the
    interface presents a list of user commands or options, such as a
    menu, a command to display this information must be prominent in
    the list; otherwise, the modified work must display this
    information at startup.  However, if the Program has interactive
    interfaces that do not comply with this subsection, your modified
    work need not make them comply.

To the extent that identifiable sections of the modified work, added
by you, are not derived from the Program, and can be reasonably
considered independent and separate works in themselves, then this
License, and its terms, do not apply to those sections when you convey
them as separate works, not specifically for use in combination with
the Program.

  A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit.  Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.

 6.[3] Conveying Non-Source Forms.

   You may copy and convey a covered work in object code form under
the terms of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:

    a) Convey the object code in a physical product (including a
    physical distribution medium), accompanied by the Corresponding
    Source fixed on a durable physical medium customarily used for
    software interchange.

    b) Convey the object code in a physical product (including a
    physical distribution medium), accompanied by a written offer,
    valid for at least three years and valid for as long as you offer
    spare parts or customer support for that product model, to give
    any third party a copy of the Corresponding Source for all the
    software in the product that is covered by this License, on a
    durable physical medium customarily used for software interchange,
    for a price no more than your reasonable cost of physically
    performing this conveying of source.

    [b1) Convey the object code in a physical product (including a
    physical distribution medium), accompanied by a written offer,
    valid for at least three years and valid for as long as you offer
    spare parts or customer support for that product model, to provide
    access to copy the Corresponding Source from a network server at
    no charge.]

    c) Convey individual copies of the object code with a copy of the
    written offer to provide the Corresponding Source.  This
    alternative is allowed only occasionally and noncommercially, and
    only if you received the object code with such an offer, in accord
    with subsection 6b or 6b1.

    d) Convey the object code by offering access from a designated
    place, and offer equivalent access to the Corresponding Source in
    the same way through the same place at no extra charge.  You need
    not require recipients to copy the Corresponding Source along with
    the object code.

    [If the place to copy the object code is a network server, the
    Corresponding Source may be on a different server that supports
    equivalent copying facilities, provided you have explicitly
    arranged with the operator of that server to keep the
    Corresponding Source available for as long as needed to satisfy
    these requirements, and provided you maintain clear directions
    next to the object code saying where to find the Corresponding

    e) Convey the object code using peer-to-peer transmission provided
    you know that, and inform other peers where, the object code and
    Corresponding Source of the work are being offered to the general
    public at no charge under subsection 6d.

The Corresponding Source conveyed in accord with this section must be
in a format that is publicly documented, with an implementation
available to the public in source code form, and must require no
special password or key for unpacking, reading or copying.

  A separable portion of the object code, whose source code is
excluded from the Corresponding Source as a System Library, need not
be included in conveying the object code work.

7. Additional Terms.

  You may have received the Program, or parts of it, under terms that
supplement the terms of this License.  These additional terms may
include additional permissions, as provided in subsection 7a, and
additional requirements, as provided in subsection 7b.  When you
convey copies of a covered work, unless the work also permits use
under a previous version of this License, it must list, in one central
place in the source code, the complete set of additional terms
governing all or part of the work.

  a. Additional Permissions.

  Additional permissions make exceptions from one or more of the
requirements of this License.  A license document containing a clause
that permits relicensing or conveying under this License shall be
treated as a list of additional permissions, provided that the license
document makes clear that no requirement in it survives such
relicensing or conveying.

  Any additional permissions that are applicable to the entire Program
are treated as though they were included in this License, as
exceptions to its conditions, to the extent that they are valid under
applicable law.  If additional permissions apply only to part of the
Program, that part may be used separately under those permissions, but
the entire Program remains governed by this License without regard to
the additional terms.

  b. Additional Requirements. 

  Additional requirements are terms that further constrain use,
modification or propagation of covered works.  This License affects
only the procedure for enforcing additional requirements, and does not
assert that they can be successfully enforced by the copyright holder.
Only these kinds of additional requirements are allowed by this

    0) terms that require preservation of specified reasonable legal
       notices or author attributions; or

    1) terms that require that the origin of the material they cover
       not be misrepresented, or that modified versions of that
       material be marked in specific reasonable ways as different
       from the original version; or

    2) warranty or liability disclaimers that differ from the
       disclaimers in this License; or

    3) terms that prohibit or limit the use for publicity purposes of
       specified names of licensors or authors, or that require that
       certain specified trade names, trademarks, or service marks not
       be used for publicity purposes without express permission,
       other than in ways that are fair use under applicable trademark
       law; or

    4) terms that require, if a modified version of the material they
       cover is a work intended to interact with users through a
       computer network, that those users be able to obtain copies of
       the Corresponding Source of the work through the same network
       session; or

    5) terms that wholly or partially terminate, or allow termination
       of, permission for use of the material they cover, for a user
       who files a software patent lawsuit (that is, a lawsuit
       alleging that some software infringes a patent) not filed in
       retaliation or defense against the earlier filing of another
       software patent lawsuit, or in which the allegedly infringing
       software includes some of the covered material, possibly in
       combination with other software; or

    6) terms that are precisely equivalent in type and extent to a
       requirement expressly stated in this License, or that deny
       permission for activities that are clearly not permitted,
       expressly or otherwise, by this License.

All other additional requirements, including attorney's fees
provisions, choice of law, forum, and venue clauses, arbitration
clauses, mandatory contractual acceptance clauses, requirements
regarding changes to the name of the work, and terms that require that
conveyed copies be governed by a license other than this License,
are prohibited.

  c. Terms Added or Removed by You.

  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
it.  Some additional permissions require their own removal in certain
cases when you modify the work.

  Additional requirements are allowed only as stated in subsection 7b.
If the Program as you received it purports to impose any other
additional requirement, you may remove that requirement.

  You may place additional permissions, or additional requirements as
allowed by subsection 7b, on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Adding requirements not allowed by subsection 7b is a violation of
this License that may lead to termination of your rights under section

  If you add terms to a covered work in accordance with this section,
you must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.

  8.[4] Termination.

  You may not propagate or modify the Program except as expressly
provided under this License.  Any attempt otherwise to propagate or
modify the Program is void.  If you violate this License, any
copyright holder may put you on notice by notifying you of the
violation, by any reasonable means, provided 60 days have not elapsed
since the last violation.  Having put you on notice, the copyright
holder may then terminate your license at any time.  However, parties
who have received copies, or rights, from you under this License will
not have their licenses terminated so long as they remain in full

  9.[5] Acceptance Not Required for Having Copies.

  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.  These actions infringe copyright if you do not
accept this License.  Therefore, by modifying or propagating the
Program (or any covered work), you indicate your acceptance of this
License to do so, and all its terms and conditions.

  10.[6] Automatic Licensing of Downstream Users.

  Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License, including any additional
terms introduced through section 7.  You may not impose any further
restrictions on the recipients' exercise of the rights thus granted or
affirmed, except in the limited ways permitted by section 7.
Therefore, you may not impose a license fee, royalty, or other charge
for exercise of rights granted under this License.  You are not
responsible for enforcing compliance by third parties to this License.

  If propagation results from a transaction transferring control of an
organization, each party to that transaction who receives a copy of
the work also receives a license and a right to possession of the
Corresponding Source of the work from the party's predecessor in

  11. Patents.

  You receive the Program with a covenant from each author and
conveyor of the Program, and of any material, conveyed under this
License, on which the Program is based, that the covenanting party
will not assert (or cause others to assert) any of the party's
essential patent claims in the material that the party conveyed,
against you, arising from your exercise of rights under this License.
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.

  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, or (2) ensure that anyone can copy the Corresponding Source of
the covered work, free of charge and under the terms of this License,
through a publicly available network server or other readily
accessible means.

  Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.

  12.[7] No Surrender of Others' Freedom.

  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.  If you cannot
convey the Program, or other covered work, so as to satisfy
simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may not convey it at
all.  For example, if you accept a patent license that prohibits
royalty-free conveying by those who receive copies directly or
indirectly through you, then the only way you could satisfy both it
and this License would be to refrain entirely from conveying the

  [13.[8] Geographical Limitations.

  If the conveying and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original
copyright holder who places the Program under this License may add an
explicit geographical limitation on conveying, excluding those
countries, so that conveying is permitted only in or among countries
not thus excluded.  In such case, this License incorporates the
limitation as if written in the body of this License.]

  14.[9] Revised Versions of this License.

  The Free Software Foundation may publish revised and/or new versions
of the GNU General Public License from time to time.  Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.

  Each version is given a distinguishing version number.  If the
Program specifies that a certain numbered version of this License "or
any later version" applies to it, you have the option of following the
terms and conditions either of that numbered version or of any later
version published by the Free Software Foundation.  If the Program
does not specify a version number of this License, you may choose any
version ever published by the Free Software Foundation.

  [15.[10] Requesting Exceptions.

  If you wish to incorporate parts of the Program into other free
programs under other licenses, write to the author to ask for
permission.  For software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we sometimes make
exceptions for this.  Our decision will be guided by the two goals of
preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.]


  16.[11] Disclaimer of Warranty.

  There is no warranty for the Program, to the extent permitted by
applicable law.  Except when otherwise stated in writing the copyright
holders and/or other parties provide the Program "as is" without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose.  The entire risk as to the quality and
performance of the Program is with you.  Should the Program prove
defective, you assume the cost of all necessary servicing, repair or

  17.[12] Limitation of Liability.

  In no event unless required by applicable law or agreed to in
writing will any copyright holder, or any other party who may modify
and/or convey the Program as permitted above, be liable to you for
damages, including any general, special, incidental or consequential
damages arising out of the use or inability to use the Program
(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
the Program to operate with any other programs), even if such holder
or other party has been advised of the possibility of such damages.

by johns last modified 2007-06-29 16:30

Powered by Plone

This site conforms to the following standards: