Second revision of GPLv3 draft
Alfred M. Szmidt
ams at gnu.org
Thu Jul 27 21:13:08 UTC 2006
Annoyingly, I can't find a diff from the first draft - anyone?
Here is a wdiff of the first draft with the second. Maybe John (on
the CC) can add it somewhere.
===File ~/gpl-3-draft-diff-1-2.txt==========================
GNU GENERAL PUBLIC LICENSE
Discussion Draft [-1-] {+2+} of Version 3, [-16 Jan-] {+27 July+} 2006
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copyright holder may [-terminate your rights under this License at any time after
having notified-] {+put you on notice by notifying+} you of the [-violation-]
{+violation,+} by any reasonable [-means within-] {+means, provided+} 60 days [-of-] {+have not elapsed
since the last violation. Having put you on notice, the copyright
holder may then terminate your license at+} any [-occurrence.-] {+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
compliance.
9.[5] {+Acceptance+} Not [-a Contract.-] {+Required for Having Copies.+}
You are not required to accept this License in order to receive {+or
run+} a copy of the Program. [-However, nothing else grants you permission to propagate or-] {+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 [-redistribute-] {+convey+} a covered work, the recipient automatically
receives a license from the original licensors, to [-propagate and-] {+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
[-(when modifying the work)-] 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.
[-11. Licensing-]
{+If propagation results from a transaction transferring control+} of [-Patents.
When you distribute-] {+an
organization, each party to that transaction who receives+} a [-covered work, you grant-] {+copy of
the work also receives+} a [-patent-] license [-to
the recipient,-] and {+a right+} to [-anyone that receives any version-] {+possession+} of the [-work,
permitting, for any and all versions-]
{+Corresponding Source+} of the [-covered work, all
activities allowed or contemplated by this License, such as
installing, running-] {+work from the party's predecessor in
interest.
11. Patents.
You receive the Program with a covenant from each author+} and [-distributing versions-]
{+conveyor+} of the [-work,-] {+Program,+} and [-using
their output. This patent license-] {+of any material, conveyed under this
License, on which the Program+} is [-nonexclusive, royalty-free and
worldwide, and covers all patent claims you control or have-] {+based, that+} the [-right-] {+covenanting party
will not assert (or cause others+} to [-sublicense, at the time you distribute-] {+assert) any of+} the [-covered work or-] {+party's
essential patent claims+} in the
[-future,-] {+material+} that [-would be infringed or violated by-] {+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 or-] {+work,
not to assert+} any
[-reasonably contemplated use-] of {+your essential patent claims in+} the covered work.
If you [-distribute-] {+convey+} a covered [-work-] {+work,+} knowingly relying on a
{+non-sublicensable+} patent [-license,-] {+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.
12.[7] Liberty or Death for the Program.
If conditions are imposed on you (whether by court order, agreement-]
{+you,+} or
[-otherwise)-] {+(2) ensure+} that [-contradict-] {+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 [-distribute-]
{+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 [-distribute-] {+convey+} it at
all. For example, if {+you accept+} a patent license [-would not permit-] {+that prohibits+}
royalty-free [-redistribution-] {+conveying+} by [-all-] 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
[-distribution.
It is not the purpose of this section to induce you to infringe any
patents or other exclusive rights or to contest their legal validity.
The sole purpose of this section is to protect the integrity of the
free software distribution system. Many people have made generous
contributions to the wide range of software distributed through that
system in reliance on consistent application of that system; it is up
to-] {+conveying+} the [-author/donor to decide if he or she is willing to distribute
software through any other system and a licensee cannot impose that
choice.-]
{+Program.+}
[13.[8] Geographical Limitations.
If the [-distribution-] {+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 [-distribution-] limitation {+on conveying,+} excluding those
countries, so that [-distribution-] {+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]-]
{+[15.[10]+} Requesting Exceptions.
If you wish to incorporate parts of the Program into other free
programs [-whose distribution conditions are different,-] {+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.-] {+generally.]+}
NO WARRANTY
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
correction.
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
[-redistribute-] {+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.
[-18. Unless specifically stated, the Program has not been tested for use
in safety critical systems.-]
END OF TERMS AND CONDITIONS
[-How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software Foundation,
Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short
notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; for a GUI interface,
you would use an "About box" instead.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
For more information on how to apply and follow the GNU GPL, see
http://www.gnu.org/licenses.
The GNU General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications with
the library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.-]
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