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  Wikipedia: GNU General Public License

Wikipedia: GNU General Public License
GNU General Public License
From Wikipedia, the free encyclopedia.

The GNU General Public License is a copyleft free software license. It is also referred to as the GNU GPL or, when there is no risk of confusion with other "general public licenses," simply the GPL.

In contrast to proprietary licenses, the purpose of the GPL is to protect the user's freedom rather than restrict it. It attempts to secure this through copyleft, unlike the BSD License or the MIT License. The GPL also qualifies as an open source license.

Note that there is no "GNU Public License" — this is a common misnomer, perhaps based on the use of product names in the names of other licenses such as the Mozilla Public License and the IBM Public License.

History

The GPL was written by Richard Stallman and Eben Moglen for use with programs released as part of the GNU project. It was based on a unification of similar licenses used for early versions of GNU Emacs, the GNU Debugger and the GNU Compiler Collection. These licenses contained similar provisions to the modern GPL, but were specific to each program. Stallman and Moglen's goal was to produce one license that could be used for any project, thus making it possible for many projects to share code. This became the GPL version 1, released in January 1989.

By 1990, it was becoming apparent that the GPL was in some cases too restrictive for libraries; this led to the Library General Public License (LGPL) version 2, released in June 1991. The Library GPL was renamed to the Lesser General Public License in 1999.

Released simultaneously with the LGPL was the GPL version 2, intended to clarify the terms of the GPL.

Since the GPL's introduction, it has become the most widely-used free software license. As of February 2004, out of 22,648 projects total with OSI-approved open source licenses on Freshmeat, 17,000 projects were licensed under the GPL and 1,926 under the LGPL.

Version 3 of the GPL is in planning. This version is intended to included an anti-DMCA clause, a clarification of the patent license grant and a proviso that source code must be available to users who use the software over a network. [1] Its prototype is the Affero General Public License [1]. It is expected to be released in late 2004.

License Terms

The following is a colloquial summary of the terms of the GPL. The only legally precise description, however, is that of the actual text of the GPL, which is available through an external link at the end of this article.

The terms and conditions of the GPL are available to anybody receiving a copy of the GPLed work. The licensee accepting these terms is given permission to modify the work, as well as to copy and redistribute the work or any derivative version, either free of charge or for a fee. This latter point distinguishes the GPL from software licenses that prohibit commercial redistribution. Stallman has argued that free software should not place restrictions on commercial use, and the GPL explicitly states that GPLed works may be (re)sold.

If the licensee distributes copies of the work, she is required to offer the source code to each recipient, including any modifications she had made. This requirement is known as copyleft. In practice, GPLed programs are often bundled with the source code, although the license does not require this. Sometimes, only the source code is distributed, and the recipients are expected to compile it themselves.

The licensee is only required to provide the source code to people who received a copy from her, or alternatively to accompany binaries with a written offer of the source code to any third party. This means, for example, that one may make private modified versions of GPLed software, provided that the modified software is not distributed to anyone else.

This applies, for example, if the licensee makes private modifications to the work but does not distribute them; in that case, she is not required to release her modifications to anyone.

Because the work is copyrighted, a licensee has no modification or redistribution rights (barring fair use), except under the terms of the copyleft. Thus, the user is only required to accept the terms of the GPL if she wishes to exercise rights normally restricted by copyright law, such as redistribution. Conversely, if a person distributes copies of the work (in particular, modified versions) while keeping the source code secret or otherwise violating the GPL, she can be sued by the original author under copyright law. This is a clever legal twist, and is the reason the GPL has been described as a "copyright hack". It also ensures that unlimited redistribution rights are not granted, should any legal flaw (or "bug") be found in the copyleft statement.

The GPL is a License, not a Contract

It is claimed by some, including Eben Moglen, that the GPL is a license, not a contract[1]. These people claim that the license is a unilateral grant, and therefore would be considered a waiver rather than a contract. Confusion often arises when people think that the GPL is a contract, which leads to misconceptions such as the GPL being unenforceable because the person never agreed to it.

The actual situation is simple: if you do not agree to the terms of the GPL, you do not have permission to copy or distribute the software released under it, except through fair use, first sale or other defenses to copyright infringement. It does not mean that the rules of the GPL do not apply to you and that you may thus use the software however you like. The default is the restrictions of copyright law, not the anarchy of the public domain.

Many people have the common misconception that the GPL is "viral" in that if some GPLed code somehow sneaks into their software, they will be forced to release their software under the GPL. This is false. Others use the term "viral" in a different sense, however. The GPL merely means that the authors of the software have given permission for certain uses of their work under certain conditions; if the conditions are not met, the permission is revoked. If a person distributes copyrighted materials without permission, that distribution may be copyright infringement; if it is copyright infringment, the copyright holders may be entitled to damages and can get a court to stop the person from distributing the software without permission. The copyright holders cannot force the person to do anything in particular with code to which they do not own the copyright. This is commonly the case with a breach of contract as well.

Copyright holders

The Free Software Foundation (FSF) holds the copyright for the text of the GPL, but it does not necessarily hold the copyright for a work released under the GPL. Unless an explicit copyright assignment to the FSF is made, the FSF does not hold copyright for the work, and they are not responsible for enforcing the license against violations.

Unlike works released under the GPL, the GPL itself is not freely modifiable, since it is a software license. While copying and distribution is allowed, changing the text of the GPL may not be. Note that the FSF does permit creating a new license based on the GPL, as long as the derived license does not use the GPL preamble without permission. This is discouraged, however, since such a license is generally incompatible with the GPL. See the GPL FAQ for more information.

Other licenses created by the GNU project include the GNU Lesser General Public License and the GNU Free Documentation License.

GPL-related disputes

One of the key disputes related to the GPL is whether or not non-GPL software can dynamically link to GPL libraries. The GPL is clear in requiring that all derivative works of GPL code must themselves be GPL'ed. However, it is not clear whether an executable that dynamically links to a GPL library should be considered a derivative work. The free/open-source software community is split on this issue, with the FSF asserting that such an executable is indeed a derivative work, while some other experts disagree. This is ultimately a question not of the GPL per se, but of how copyright law defines derivative works. In Galoob v Nintendo the Ninth Circuit Court of Appeals defined a derivative work as having "'form' or permanence" and noted that "the infringing work must incorporate a portion of the copyrighted work in some form," but there have been no clear court decisions to resolve this particular conflict.

Meanwhile, however, a number of businesses have become based upon distributing a GPLed library and selling a separate license to companies wishing to link the library with proprietary codes, whether dynamically or not. Examples of such companies include MySQL AB and Trolltech (Qt). Also, ReiserFS (Namesys) and Cygwin (Red Hat) are GPLed programs for which other licenses are offered. As there is no record of anyone circumventing the GPL by dynamic linking without backing down when threatened with lawsuits by the FSF or the respective copyright holder, the FSF's view on this matter seems to be that the restriction is de facto enforceable even if not currently de jure.

In August 2003, the SCO Group stated that they believed the GPL to have no legal validity, and that they intended to take up lawsuits over sections of code supposedly copied from SCO Unix into the Linux kernel. This may be problematic for them, as they have distributed Linux and other GPLed code (their Caldera distribution), and there is little evidence that they had any legal right to do so except under the GPL.

Many of the most common open source licenses, such as the original MIT/X license, the new BSD license, and the LGPL, are "GPL-compatible". That is, their code can be combined with a GPL'ed program without conflict (the new combination would have the GPL applied to the whole). However, some open source software licenses are not GPL-compatible. Many have strongly advocated that open source software developers use only GPL-compatible licenses, because doing otherwise makes it difficult to reuse software into larger wholes. Since the GPL is the most popular open source software license, being unable to combine code with the majority of open source software is viewed by many as a serious problem.

Outline of the GPL

The GPL is divided into several numbered sections. This is an outline of version 2 of the GPL:

  1. Definitions
    • (paragraph 1) Definition of "Program"
    • (paragraph 2) Scope of restrictions
  2. Right to copy and distribute
  3. Modifications
    • (paragraph 1) Right to modify, subject to following:
      • a) Requirement to give notice in source
      • b) Applicability to derivative works
      • c) Conditional requirement to give notice interactively
    • (paragraphs 2-4) Clarification of derivative work
  4. Requirement to make source available
    • (paragraph 1) Options for distribution of object code and executables
      • a) Distribute with source
      • b) Or distribute with offer for source
      • c) Or (for non-commercial distribution) pass along previous licensor's source offer
    • (paragraph 2) Definition of "source code"
    • (paragraph 3) Equivalence of distribution
  5. Termination for non-compliance
  6. Acts of acceptance
  7. Prohibition of further restrictions
  8. Consequence of external restrictions
  9. Geographic restrictions
  10. Effect of future GPL versions
  11. Requesting exceptions
  12. Disclaimer of warranty
  13. Disclaimer of liability

Programs released under the GPL

Since the GPL was written, a great number of programs have been released under it. Most of the programs in the GNU project are licensed under either the GPL or the LGPL, including GCC, GNU Emacs and the GNOME desktop. Furthermore, all products licensed under the LGPL are also licensed under the GPL, as per section 3 of the LGPL. See GNU for a list of articles on prominent GNU programs.

Prominent programs which are not part of the GNU project, but are licensed under the GPL, include:

Note that some of these were originally released under other licenses, and were only later made available under the GPL.

External links


  

From Wikipedia, the free encyclopedia. 
Modified by Geona