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\newcommand\dblnew{\newpage \mbox\\ \newpage}


\title{GNU General Public License}



\huge{GPLv3 Final Discussion Draft Rationale}

\Large{Free Software Foundation}

Copyright \copyright\ 2007 Free Software Foundation, Inc., 51 Franklin Street,
Fifth Floor, Boston, MA 02110-1301, USA\\ 

Verbatim copying and distribution of this entire article are permitted
worldwide, without royalty, in any medium, provided this notice is





This two-part document states the rationale for the changes in the final
discussion draft of GPLv3.  Part I provides a discussion of the most
significant changes we have made since the release of the previous
draft, organized by subject matter.  Part II is an annotated markup
version of the final draft, with \sout{strikeout} indicating text
present in the third discussion draft that we have removed and
\textbf{bold} indicating text we have added. The annotations state the
reasons for specific changes; some annotations refer the reader to Part
I.  We refer to the third and final discussion drafts of GPLv3 as
``Draft 3'' and the ``Final Draft,'' respectively.
A public comment period lasting 29 days will begin on the date of our
release of the Final Draft.  At the end of that period we will formally
promulgate the final version of GPLv3.


\part{Discussion of Principal Changes}


\section{Apache License Compatibility}\label{apache}

We are pleased to report that the Final Draft makes the Apache License,
version 2.0, fully compatible with GPLv3.  We are grateful to the Apache
Software Foundation for working with us to achieve this long-sought

The concerns we stated in the Draft 3 Rationale were based on varying
literal readings of section 9 of the Apache license that differed from
the interpretation of section 9 held by the ASF itself.  During the
course of productive discussions with the ASF following the release of
Draft 3, we ascertained that, to the ASF, the words ``by reason of'' in
the section 9 upstream indemnification clause meant nothing broader or
vaguer than ``directly as a result of.''  Read in this light, section 9
seems to us a reasonable and fair approach to protecting upstream
developers, even though we do not wish to adopt such a provision in our
own license.

The Final Draft makes the Apache indemnification clause compatible with
GPLv3 by adding a new category of additional conditions in section 7
that may be applied, with appropriate copyright authorization, to
material added to a covered work.  Subsection 7f allows terms that
require indemnification of upstream licensors and authors of the
material by a downstream distributor who conveys with contractual
assumptions of liability to the recipient, for any liability that such
assumptions directly impose on those upstream parties.

Another change we have made to section 7 should make clearer that the
trademark clause in section 6 of the Apache license is compatible with
GPLv3.  The new subsection 7e permits addition of terms that decline to
grant rights under trademark law for use of trademarks.  We have no
objection to such terms, since they do not limit the rights of users
beyond what applicable trademark law would itself require.  However,
mandatorily-worded trademark clauses that purport to use the power of
copyright or contract to affirmatively prohibit users from exercising
rights otherwise available under trademark law continue to be
incompatible with the GPL.

The GPLv3 compatibility of the Apache license patent termination clause
was accomplished in Draft 3 by the second specific example of an
impermissible further restriction given in the third paragraph of
section 10.  We revised this clause in the Final Draft in order to avoid
the use of the terms ``contributor'' and ``contribution'' (now
``contributor version''), which we wished to confine to section 11 for
greater readability. Given the way in which we defined ``contribution''
in Draft 3, the parenthetical wording in the Draft 3 version of the
section 10 clause was actually broader than necessary to achieve Apache
license compatibility.  The Final Draft therefore replaces the words
``the Program (or the contribution of any contributor)'' with ``the
Program or any portion of it'' without affecting Apache license
compatibility.  We confirmed this conclusion in discussions with the

\section{Cut-off Date in Section 11, Paragraph 7}\label{11par7}

In the Final Draft we have removed the square brackets surrounding the
cut-off date at the end of section 11, paragraph 7 (corresponding to
section 11, paragraph 5 in Draft 3).  That is to say, the Final Draft
limits the effect of this provision to deals involving discriminatory
patent promises that do not predate the release of Draft 3.

The main reason for this is tactical.  We believe we can do more to
protect the community by allowing Novell to use software under GPL
version 3 than by forbidding it to do so.  This is because of
paragraph 6 of section 11 (corresponding to paragraph 4 in Draft 3).
It will apply, under the Microsoft/Novell deal, because of the coupons
that Microsoft has acquired that essentially commit it to participate
in the distribution of the Novell SLES GNU/Linux system.

Microsoft is scrambling to dispose of as many Novell SLES coupons as
possible prior to the adoption of GPLv3.  Unfortunately for Microsoft,
those coupons bear no expiration date, and paragraph 6 has no cut-off
date.  Through its ongoing distribution of coupons, Microsoft will
have procured the distribution of GPLv3-covered programs as soon as
they are included in Novell SLES distributions, thereby extending
patent defenses to all downstream recipients of that software by
operation of paragraph 6.

A secondary reason is to avoid affecting other kinds of agreements for
other kinds of activities.  We have tried to take care in paragraph 7
to distinguish pernicious deals of the Microsoft/Novell type from
business conduct that is not particularly harmful, but we cannot be
sure we have entirely succeeded.  There remains some risk that other
unchangeable past agreements could fall within its scope.

In future deals, distributors engaging in ordinary business practices
can structure the agreements so that they do not fall under paragraph
7.  However, it will block Microsoft and other patent aggressors from
further such attempts to subvert parts of our community.

\section{User Products}\label{userprod}

Section 6 of Draft 3 contained a bracketed reference to the
Magnuson-Moss Warranty Act, stating that interpretation of the term
``consumer product'' in that United States statute would control
interpretation of the corresponding term in section 6.  Many readers of
Draft 3, particularly those outside the U.S., objected to the inclusion
of a U.S. statutory reference in the GPL.  This reference was merely
intended to guide interpretation of the User Product definition in
difficult cases, but we agree that it is better for a license designed
for international use to avoid country-specific legal references.  We
recognize also that the interpretive history of a U.S. statute will be
relatively inaccessible even to users in the U.S., let alone those in
other countries.

In the Final Draft, therefore, we have replaced the Magnuson-Moss
reference with three sentences that encapsulate the judicial and
administrative principles established over the past three decades in the
United States concerning the Magnuson-Moss consumer product definition.
First, we state that doubtful cases are resolved in favor of coverage
under the definition.  Second, we indicate that the words ``normally
used'' in the consumer product definition refer to a typical or common
use of a class of product, and not the status of a particular user or
expected or actual uses by a particular user.  Third, we make clear that
the existence of substantial non-consumer uses of a product does not
negate a determination that it is a consumer product, unless such
non-consumer uses represent the only significant mode of use of that

It should be clear from these added sentences that it is the general
mode of use of a product that determines objectively whether or not it
is a consumer product.  One could not escape the effects of the User
Products provisions by labeling what is demonstrably a consumer product
in ways that suggest it is ``for professionals,'' for example, contrary
to what some critics of Draft 3 have suggested.

We have made one additional change to the User Products provisions of
section 6.  In Draft 3 we made clear that the requirement to provide
Installation Information implies no requirement to provide warranty or
support for a work that has been modified or installed on a User
Product.  The Final Draft adds that there is similarly no requirement to
provide warranty or support for the User Product itself.

\section{Conveying to Outside Contractors}\label{contractor}

Large enterprise users of free software often contract with non-employee
developers, often working offsite, to make modifications intended for
the user's private or internal use, and often arrange with other
companies to operate their data centers.  Whether GPLv2 permits these
activities is not clear and may depend on variations in copyright law.
The practices seem basically harmless, so we have decided to make it
clear they are permitted.

GPLv3 now gives an explicit permission for a client to provide a copy of
its modified software to a contractor exclusively for that contractor to
modify it further, or run it, on behalf of the client.  However, the
client can only exercise this control over its own copyrighted changes
to the GPL-covered program.  The parts of the program it obtained from
other contributors must be provided to the contractor with the usual GPL

This permission is stated in section 2.  It permits a user to convey
covered works to contractors operating exclusively on the user's behalf,
under the user's direction and control, and to require the contractors
to keep the user's copyrighted changes confidential, but only if the
contractor is limited to acting on the user's behalf, just as the user's
employees would have to act.

The strict conditions in this provision are needed so that it cannot be
twisted to fit other activities, such as making a program available to
users or customers.  By making the limits on this provision very narrow,
we ensure that in all other cases the contractor gets the full freedoms
of the GPL.


\part{Annotated Markup of Final Discussion Draft}





{\parindent 0in

\textbf{Final} Discussion Draft \sout{3} of Version 3, \sout{28 March}
 \textbf{31 May} 2007




 Copyright \copyright\ 2007 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 GNU General Public License is a free, copyleft license for software
and other kinds of works.

  The licenses for most software and other practical works are designed
to take away your freedom to share and change the works.  By contrast,
the GNU General Public License is intended to guarantee your freedom to
share and change \sout{free software} \textbf{all versions of a
program}---to make sure \sout{the software is} \textbf{it remains} free
\textbf{software} 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 \sout{program whose} \textbf{work released this way by
its} authors \sout{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
\sout{this service} \textbf{them} 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 \sout{make requirements that forbid
anyone to deny} \textbf{prevent others from denying} you these rights or
\sout{to ask} \textbf{asking} you to surrender the rights.  Therefore,
you have certain responsibilities if you distribute copies of the
software, or if you modify it\textbf{: responsibilities to respect the
freedom of others}.

  For example, if you distribute copies of such a program, whether
gratis or for a fee, you must pass on to the recipients the same
freedoms that you received.  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 rights.

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

  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 \sout{associated}
\textbf{attributed} erroneously \sout{with the} \textbf{to authors of}
previous versions.

  Some devices are designed to deny users access to install or run
modified versions of the software inside them, although the manufacturer
can do so.  This is fundamentally incompatible with the \sout{purpose}
\textbf{aim} of \sout{the GPL, which is to protect} \textbf{protecting}
users' freedom to change the software \sout{where changes are possible}.
The systematic pattern of such abuse occurs in the area of products for
individuals to use, which is precisely where it is most unacceptable.
Therefore, we have designed this version of the GPL to prohibit the
practice for those products.  If such problems arise substantially in
other domains, we stand ready to extend this provision to those domains
in future versions of the GPL, as needed to protect the freedom of

  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 \sout{places where they}
\textbf{those that} do, we wish to avoid the special danger that patents
applied to a free program could make it effectively proprietary.  To
prevent this, the GPL assures that patents cannot be used to render the
program non-free.

  The precise terms and conditions for copying, distribution and
modification follow.








 ``This License'' refers to version 3 of the GNU General Public License.

  ``Copyright'' also means copyright-like laws that apply to other kinds
of works, such as semiconductor masks.

  ``The Program'' refers to any copyrightable work licensed under this
License.  Each licensee is addressed as ``you.''  ``Licensees'' and
``recipients'' may be individuals or organizations.

  To ``modify'' a work means to copy from or adapt all or part of the
work in a fashion requiring copyright permission, other than the making
of \sout{a verbatim} \textbf{an exact} copy.  The resulting work is
called a ``modified version'' of the earlier work or a work ``based on''
the earlier work.  A ``covered work'' means either the unmodified
Program or a work based on the Program.

  \sout{A ``contributor'' is a party who licenses under this License a
work on which the Program is based.  Such a work is called the party's
``contribution.''}\footnote{We moved the definition of contributor and
contributor version (the replacement for the term ``contribution'') to
section 11, since in the Final Draft those terms are used only in that
section. See n.~\ref{contrib-n}.\label{contrib-o}}

  To ``propagate'' a work means to do \sout{(or cause others to do)}
anything with it that\textbf{,} \sout{requires} \textbf{without}
permission\textbf{, would make you directly or secondarily liable for
infringement} under applicable copyright law,\footnote{As we noted in
the Draft 3 Rationale, the parenthetical wording ``or cause others to
do'' introduced in Draft 3 was intended to explicitly incorporate
concepts of secondary copyright liability into the definition of
propagation.  However, the wording we chose in Draft 3 was broader than
necessary to do that job.  Some readers pointed out that, if taken
literally, it could make a customer the propagator of the work the
customer receives.  The revised definition of propagate achieves the
intended result more precisely.} 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.  Mere
interaction with a user through a computer network, with no transfer of
a copy, is not conveying.

  \sout{A party's ``essential patent claims'' in a work are all patent
claims owned or controlled by the party, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted by
this License, of making, using, or selling the work, but do not include
claims that would be infringed only as a consequence of further
modification of the work.  For purposes of this definition, ``control''
includes the right to grant sublicenses in a manner consistent with the
requirements of this License.}\footnote{We moved the definition of
essential patent claims to section 11, since it is used only in that
section. See n.~\ref{epc-n}.\label{epc-o}}

  \textbf{An interactive user interface displays ``Appropriate Legal
Notices'' to the extent that it includes a convenient and prominently
visible feature that (1) displays an appropriate copyright notice, and
(2) tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the work
under this License, and how to view a copy of this License.  If the
interface presents a list of user commands or options, such as a menu, a
prominent item in the list meets this criterion.}\footnote{We factored
this definition out of subsection 5d.  In doing so, we have tempered the
5d requirement somewhat in response to arguments by several readers that
it was too restrictive of the right of modification.  The term
Appropriate Legal Notices is now also used in subsection 7b.\label{aln}}

\ordsec{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 form
of a work.

  A ``Standard Interface'' means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that is
widely used among developers working in that language.

  The ``System Libraries'' of an executable work include anything, other
than the work as a whole, that (a) is \sout{normally} included in the
\textbf{normal form} \sout{distribution} of \textbf{packaging} a Major
Component,\footnote{We think that speaking of the ``packaging'' of a
System Library with a Major Component is somewhat clearer than the
notion of its being included in a ``distribution'' of such a component.}
but which is not part of that Major Component, and (b) serves only to
enable use of the work with that Major Component, or to implement a
Standard Interface for which an implementation is available to the
public in source code form.  A ``Major Component'', in this context,
means a major essential component (kernel, window system, and so on) of
the specific operating system (if any) on which the executable work
runs, or a compiler used to produce the work, or an object code
interpreter used to run it.

  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, including scripts to
control those activities.  However, it does not include the work's
System Libraries, or 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 interface definition files associated with source files for the
work, and the source code for shared libraries and dynamically linked
subprograms that the work is specifically designed to require, such as
by intimate data communication or control flow between those subprograms
and other parts of the work.

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

  The Corresponding Source for a work in source code form is that
same work.

\ordsec{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 a
covered work 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.

  \sout{Propagation of} \textbf{You may make, run and propagate} covered
works that you do not convey, \sout{and making modified versions of the
Program that you do not convey, are permitted} without
conditions\sout{,} so long as your license otherwise remains in force.
\textbf{You may convey covered works to others for the sole purpose of
having them make modifications exclusively for you, or provide you with
facilities for running those works, provided that you comply with the
terms of this License in conveying all material for which you do not
hold copyright.  Those thus making or running the covered works for you
must do so exclusively on your behalf, under your direction and control,
on terms that prohibit them from making any copies of your copyrighted
material outside their relationship with you.}\footnote{See Part I, \S\

  Conveying \textbf{under any other circumstances} is permitted
\textbf{solely} under the conditions stated below.  Sublicensing is not
allowed; section 10 makes it unnecessary.

\ordsec{\sout{No Denying} \textbf{Protecting} Users' \textbf{Legal}
Rights \sout{through Technical Measures} \textbf{From Anti-Circumvention
Law}.\protect\footnote{This section shields users from being subjected
to liability under anti-circumvention law for exercising their rights
under the GPL, so far as the GPL can do so.  Some readers seem to have
assumed that this provision contains a prohibition on DRM; it does not
(no part of GPLv3 forbids DRM).  We think that the title of section 3
may have contributed to this misunderstanding, and so we have replaced
it with a more descriptive one.}}

  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.

  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.

\bracketsec{Conveying Verbatim Copies.}

  You may 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 notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.

  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.

\bracketsec{Conveying Modified Source Versions.}

  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 above, provided that you also meet all of these



    The work must carry prominent notices stating that you
    modified it, and giving a relevant date.


    The work must carry prominent notices stating that it is released
    under this License and any conditions added under section 7.  This
    requirement modifies the requirement in section 4 to ``keep intact
    all notices''.


    You must license the entire work, as a whole, under this License to
    anyone who comes into possession of a copy.  This License will
    therefore apply, \sout{unmodified except as permitted by}
    \textbf{along with any applicable} section 7 \textbf{additional
    terms},\footnote{The revised wording concerning section 7 expresses
    more clearly what was stated by the previous wording.} 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.


    If the work has interactive user interfaces, each must \sout{include
    a convenient feature that displays an appropriate copyright notice,
    and tells the user that there is no warranty for the work (unless
    you provide a warranty), that licensees may convey the work under
    this License, and how to view a copy of this License.  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 work must display this information at
    startup.} \textbf{display Appropriate Legal Notices;} \sout{However}
    \textbf{however}, if the Program has interactive interfaces that do
    not \sout{comply with this subsection} \textbf{display Appropriate
    Legal Notices}, your work need not make them \sout{comply}
    \textbf{do so}.\footnote{See n.~\ref{aln}.}


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.

\bracketsec{Conveying Non-Source Forms.}

  You may 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




    Convey the object code in, or embodied 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.


    Convey the object code in, or embodied 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, either
    (1) to give anyone who possesses the object code 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,
    or (2) to provide access to copy the Corresponding Source from a
    network server at no charge.


    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.

    Convey the object code by offering access from a designated place
    (gratis or for a charge), and offer equivalent access to the
    Corresponding Source in the same way through the same place at no
    further 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 (operated by you or a third party) that
    supports equivalent copying facilities, provided you maintain clear
    directions next to the object code saying where to find the
    Corresponding Source. Regardless of what server hosts the
    Corresponding Source, you remain obligated to ensure that it is
    available for as long as needed to satisfy these requirements.


    Convey the object code using peer-to-peer transmission, provided you
    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.


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.

A ``User Product'' is either (1) a ``consumer
product\textbf{,}''\sout{,} which means any tangible personal property
which is normally used for personal, family, or household purposes, or
(2) anything designed or sold for incorporation into a dwelling.
\sout{[In cases of doubt concerning whether an item is a ``consumer
product'', the interpretation of the Magnuson-Moss Warranty Act, 15
U.S.C. 2301 et seq., shall provide the basis for interpretation,
regardless of the choice of law determination for this License as a
whole.]}  \textbf{In determining whether a product is a consumer
product, doubtful cases shall be resolved in favor of coverage.  For a
particular product received by a particular user, ``normally used''
refers to a typical or common use of that class of product, regardless
of the status of the particular user or of the way in which the
particular user actually uses, or expects or is expected to use, the
product.  A product is a consumer product regardless of whether the
product has substantial commercial, industrial or non-consumer uses,
unless such uses represent the only significant mode of use of the
product.}\footnote{See Part I, \S\ \ref{userprod}.}

``Installation Information'' for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product
from a modified version of its Corresponding Source.  The information
must suffice to ensure that the continued functioning of the modified
object code is in no case prevented or interfered with solely because
modification has been made.

If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information.  But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).

The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient\textbf{,
or for the User Product in which it has been modified or
installed}.\footnote{See Part I, \S\ \ref{userprod}.}  Network access
may be denied when the modification itself materially and adversely
affects the operation of the network or violates the rules and protocols
for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in
accord with this section must be in a format that is publicly
documented\sout{,} \textbf{(and} with an implementation available to the
public in source code form\textbf{)}, and must require no special
password or key for unpacking, reading or copying.

\ordsec{Additional Terms.}

  ``Additional permissions'' are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, 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 permissions.

  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.  (Additional permissions may be written to require their own
removal in certain cases when you modify the work.)  You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.

  Notwithstanding any other provision of this License, \textbf{for
material you add to a covered work,} you may \textbf{(if authorized by
the copyright holders of that material)} supplement the terms of this
License with terms \sout{effective under, or drafted for compatibility
with, local law}:\footnote{The limitation stated in Draft 3 to terms
``effective under, or drafted for compatibility with, local law'' was
more confusing than useful.  It highlighted one possible reason for
placing additional conditions on material added to a covered work, the
desire for compatibility with local legal requirements, but the more
common use of this provision will be to permit combination of
GPLv3-covered code with code covered by other separately written
licenses made compatible with GPLv3 by operation of this provision. That
added terms must be effective under applicable local law to be
effectively placed on a GPL-covered work is obviously true.  We
therefore have deleted this wording.

The wording we added in the Final Draft makes clearer than before that
additional conditions may only be applied to material a licensee adds to
a covered work, and only if use of those terms is authorized by the
copyright holders of that material. This also enables some
simplification of the wording of the listed categories.}



      disclaiming warranty or limiting liability differently from the
      terms of section\textbf{s} 15 \textbf{and 16} of this
      License;\footnote{See n.~\ref{15-split}.} or


      requiring preservation of specified reasonable legal notices or
      author attributions in \sout{source or object code forms of}
      \textbf{that} material \sout{added by you to a covered work}
      \textbf{or in the Appropriate Legal Notices displayed by works
      containing it};\footnote{The typical licensing term made
      GPLv3-compatible by the first part of this clause is one which
      requires preservation of notices in source code itself or in
      materials accompanying the distribution of object code.  We have
      broadened the clause slightly to also permit terms that require
      preservation of such notices in the Appropriate Legal Notices
      displayed by interactive user interfaces that comply with the
      requirements of subsection 5d.} or


      prohibiting misrepresentation of the origin of \textbf{that}
      material \sout{added by you to a covered work}, or requiring that
      modified versions of such material be marked in reasonable ways as
      different from the original version; or


      limiting the use for publicity purposes of \sout{specified} names
      of licensors or authors \textbf{of the material;}\sout{,} or
      \sout{of specified trade names, trademarks, or service marks, to
      the extent otherwise permitted by law}



      \textbf{declining to grant rights under trademark law for use of
      some trade names, trademarks, or service marks;}\footnote{See Part
      I, \S\ \ref{apache}.} \textbf{or}


      \textbf{requiring indemnification of licensors and authors of that
      material by anyone who conveys the material (or modified versions
      of it) with contractual assumptions of liability to the recipient,
      for any liability that these contractual assumptions directly
      impose on those licensors and authors}.\footnote{See Part I, \S\


  All other non-permissive additional terms are considered ``further
restrictions'' within the meaning of section 10.  If the Program as you
received it, or any part of it, purports to be governed by this License,
supplemented by a term that is a further restriction, you may remove
that term.  If a license document contains a further restriction but
permits relicensing or conveying under this License, you may add to a
covered work material governed by the terms of that license document,
provided that the further restriction does not survive such relicensing
or conveying.

  If you add terms to a covered work in accord 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.

  \textbf{Additional terms, permissive or non-permissive, may be stated
in the form of a separately written license, or stated as exceptions;
the above requirements apply either way.}\footnote{Section 7 applies
regardless of whether an additional term is contained within a formal
license document or is stated more informally as an exception to the
terms of the GPL.}

 You may not propagate or modify a covered work except as expressly
provided under this License.  Any attempt otherwise to propagate or
modify it is void.  If you violate this License, any copyright holder
\textbf{of the work} may put you on notice by notifying you of the
violation, by any reasonable means, provided 60 days have not elapsed
since the most recent violation.  Having put you on notice, the
copyright holder may, at any time, terminate the rights (including any
patent rights) that the copyright holder has granted to you under this

  However, if this is \sout{your} \textbf{the} first \textbf{time you
have received notice of} violation of this License \textbf{(for any
software)} with respect to a given copyright holder, and you cure the
violation within 30 days following your receipt of the notice, then your
license is automatically reinstated.\footnote{The changes made in the
first and second paragraphs of section 8 are clarifications of the
previous wording.  It is a copyright holder of the work being violated
who can notify the violator of the violation and terminate the
violator's rights.  The cure opportunity is specifically available for
violators who have not previously received notice of a GPLv3 violation
from a particular copyright holder with respect to any GPLv3-covered

  In the event that your rights are terminated under this section,
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
compliance.  \textbf{Unless and until your rights are restored by the
copyright holders, you do not qualify to receive licenses for the same
material under section 10.}\footnote{This point is already implicit in
the GPL. A violator cannot simply avoid termination of rights for
certain material by obtaining a new copy of the material and claiming
the benefit of automatic licensing under the first paragraph of section

\bracketsec{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
other than this License grants you permission to propagate or modify any
covered work.  These actions infringe copyright if you do not accept
this License.  Therefore, by modifying or propagating a covered work,
you indicate your acceptance of this License to do so.

\bracketsec{Automatic Licensing of Downstream Recipients.}

  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.  You are not responsible
for enforcing compliance by third parties with this License.

  An ``entity transaction'' is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations.  If propagation of a covered
work results from an entity transaction, each party to that transaction
who receives a copy of the work also receives whatever licenses to the
work the party's predecessor in interest had or could give under the
previous paragraph, plus a right to possession of the Corresponding
Source of the work from the predecessor in interest\textbf{, if the
predecessor has it or can get it with reasonable efforts}.\footnote{It
is necessary to state this qualification because the predecessor in
interest might not be able to obtain the Corresponding Source.  For
example, as one of the comments submitted to \texttt{}
pointed out, a three-year written offer to provide the Corresponding
Source might have expired by the time of the entity transaction.}

  You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License.  For example, you may not
impose a license fee, royalty, or other charge for exercise of rights
granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that any
patent claim is infringed by making, using, selling, offering for sale,
or importing the Program \sout{(}or \sout{the contribution of any
contributor)} \textbf{any portion of it}.\footnote{See Part I, \S\


  \textbf{A ``contributor'' is a copyright holder who authorizes use
under this License of the Program or a work on which the Program is
based.  The work thus licensed is called the contributor's ``contributor
version.''}\footnote{This paragraph was relocated from section 0 and
revised for clarity.  See n.~\ref{contrib-o}.  The new definition of
contributor makes clearer that contributors are a subset of the
copyright holders of the Program.  The definition corrects the failure
of the previous definition to include copyright holders who make the
Program itself available, rather than a work further upstream on which
the Program is based.  A comment submitted to \texttt{}
alerted us to this problem.

We agree with those who argued that our use of the term ``contribution''
to mean the entire licensed work (and not just the contributor's
copyrighted portions of it) was confusing.  In the Final Draft we have
replaced it with ``contributor version,'' a term used with approximately
the same meaning in the Mozilla Public License and its

  \textbf{A contributor's ``essential patent claims'' are all patent
claims owned or controlled by the contributor, whether already acquired
or hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a consequence
of further modification of the contributor version.  For purposes of
this definition, ``control'' includes the right to grant patent
sublicenses in a manner consistent with the requirements of this
License.}\footnote{This paragraph was relocated from section 0. See
n.~\ref{epc-o}. The definition was revised to make it specific to
contributors and contributor versions, since the term essential patent
claims is used in no other context.\label{epc-n}}

  Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims \sout{in
its contribution}, to make, use, sell, offer for sale, import and
otherwise run, modify and propagate the \textbf{contents of its}
\sout{contribution} \textbf{contributor version}.\footnote{We specify
that the patent license covers making, using and selling the contents of
the contributor version to make clear that the permissions under the
patent license extend to the entirety of the contributor version and any
part of it.}

  For purposes of the following three paragraphs, a ``patent license''
\sout{means a patent license, a covenant not to bring suit for patent
infringement, or} \textbf{is} any \sout{other} express agreement or
commitment, however denominated, not to enforce a patent\textbf{, and to
``grant'' a patent license to a party means to make such an agreement or
commitment not to enforce a patent against the party}.\footnote{The
definition of patent license has been made more concise, and we have
clarified what it means to ``grant'' such a patent license, as used in
the sixth and seventh paragraphs of section 11, given that patent
non-assertion promises falling under the definition of patent license
might not be stated as a formal grant of patent rights.}

  If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone to
copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) disclaim the patent license for this particular work,
or (3) arrange, in a manner consistent with the requirements of this
License, to extend the patent license to downstream
recipients. ``Knowingly relying'' means you have actual knowledge that,
but for the patent license, your conveying the covered work in a
country, or your recipient's use of the covered work in a country, would
infringe one or more identifiable patents in that country that you have
reason to believe are valid.

  If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license \sout{providing freedom}
\textbf{to some of the parties receiving the covered work authorizing
them} to use, propagate, modify or convey a specific copy of the covered
work \sout{to any of the parties receiving the covered work}, then the
patent license you grant is automatically extended to all recipients of
the covered work and works based on it.\footnote{We made minor changes
to the wording of this provision for clarity.}

    \textbf{A patent license is ``discriminatory'' if it does not
include within the scope of its coverage, prohibits the exercise of, or
is conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License.}  You may not convey a covered
work if you are a party to an arrangement with a third party that is in
the business of distributing software, under which you make payment to
the third party based on the extent of your activity of conveying the
work, and under which the third party grants, to any of the parties who
would receive the covered work from you, a \textbf{discriminatory}
patent license (a) in connection with copies of the covered work
conveyed by you\sout{, and/or} \textbf{(or} copies made from those
\textbf{copies)}, or (b) primarily for and in connection with specific
products or compilations that contain the covered work, \sout{which
license does not cover, prohibits the exercise of, or is conditioned on
the non-exercise of any of the rights that are specifically granted to
recipients of the covered work under this License[,} unless you entered
into that arrangement, or that patent license was granted, prior to
\textbf{28} March \sout{28,} 2007\sout{]}.\footnote{We factored out a
definition of ``discriminatory patent license'' to permit some
simplification and clarification of the provision.  For a discussion of
our removal of the brackets from the cut-off date, see Part I, \S\

  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.

\bracketsec{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
agree to terms that obligate you to collect a royalty for further
conveying from those to whom you convey the Program, the only way you
could satisfy both those terms and this License would be to refrain
entirely from conveying the Program.

\ordsec{Use with the \textbf{GNU} Affero General Public License.}

  Notwithstanding any other provision of this License, you have
permission to link any covered work with a work licensed under version
\sout{2} \textbf{3 (or any later version published by the Free Software
Foundation)} of the \textbf{GNU} Affero General Public License, and to
convey the resulting combination.  The terms of this License will
continue to apply to your covered work but will not apply to the work
with which it is linked, which will remain governed by the \textbf{GNU}
Affero General Public License.\footnote{We accompany the release of the
Final Draft with a discussion draft of version 3 of the GNU Affero
General Public License.  The GNU AGPLv3 is identical in its terms and
conditions to GPLv3 except for its section 13.  The first paragraph of
section 13 states the additional requirement for modified versions that
support remote network interactive use:
  Notwithstanding any other provision of this License, if you modify the
  Program, your modified version must give all users interacting with it
  remotely through a computer network (if your version supports such
  interaction) an opportunity to receive the Corresponding Source of
  your version by providing access to copy the Corresponding Source from
  a network server at no charge.

The second paragraph of AGPLv3 section 13 is a reciprocal counterpart to
section 13 of GPLv3, providing permission to link AGPL-covered works
with GPL-covered works and to convey the resulting combination.}

\bracketsec{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 the GNU General Public
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 the GNU General Public
License, you may choose any version ever published by the Free Software

  If the Program specifies that a proxy can decide whether future
versions of the GNU General Public License shall apply, that proxy's
public statement of acceptance of any version is permanent
authorization for you to choose that version for the Program.

  \textbf{Later license versions may grant you additional or different
permissions.  However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.}\footnote{We think this result applies to any work
released under a particular numbered version of the GPL but also giving
permission to use the work under ``any later version'' of the GPL.  For
example, if a patent holder released a program under GPLv2 ``or any
later version,'' the mere decision of a downstream user to follow GPLv3
once it is published does not cause the upstream patent holder to grant
a patent license to that user under section 11, paragraph 3 of GPLv3.}



%\renewcommand{\thesection}{\arabic{section}.[\arabic{v2section}\sout{, \arabic{dv3section}}]}

 \renewcommand{\thesection}{\arabic{section}.[\arabic{v2section}\sout{, \arabic{dv3section}}]}

\bracketsec{Disclaimer of Warranty \sout{and Limitation of
Liability}.\protect\footnote{Lawyers in the United States have alerted
us to authority suggesting that, to be given full effect, a limitation
of liability should not be included in the same provision as a warranty
disclaimer.  See, e.g., \textit{Hawaiian Telephone Co.~v.~Microform Data
Systems, Inc.}, 829 F.2d 919 (9th Cir.~1987).  We are doubtful that such
authority is properly applicable to free software copyright licenses,
but we have divided section 15 into three sections in the interest of



\bracketsec{\textbf{Limitation of Liability.}}



\ordsec{\textbf{Interpretation of Sections 15 and 16.}}

  If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.



by brett last modified 2007-05-31 13:29

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