From bc384bd9ed55fe31783507115992442d580b63ae Mon Sep 17 00:00:00 2001 From: Richard Fontana Date: Tue, 3 Jul 2012 14:43:44 -0400 Subject: [PATCH] deleted copyright definition and entity transactions provision In 2006 lawyers for Sun Microsystems suggested adding an explicit definition of "copyright" that would encompass not just conventional copyright law but also laws like the US Semiconductor Chip Protection Act (which is something of a hybrid of copyright and patent law). The application of the GNU GPLv3 to semiconductor integrated circuit layouts proved to be an unimportant use case. No other widely-encountered free software license attempts explicitly to apply its provisions beyond copyright to such "copyright-like laws". In the interest of brevity I have therefore deleted this definition. I have deleted the middle paragraph of section 10, the "entity transactions" provision. This originated in a provision drafted by Eben Moglen as an alternative to a suggestion by Mark Radcliffe that GPLv3 have an explicit assignability provision to address a concern believed by some lawyers to arise in corporate acquisitions involving GPL-licensed software assets. I am currently inclined to regard Mark's concern as not being a real-world problem, and perhaps unnecessary given the automatic licensing feature of the GPL but at any rate I consider a simple conventional assignability provision preferable to the existing entity transactions provision, which seems more complex than necessary. It is not clear how the "right to possession of the Corresponding Source" is to be enforced (it might be simpler to say that an entity transaction is a form of conveying, and in fact I seem to recall some interim GPLv3 draft language taking such an approach). In any case, this is yet another provision that finds no counterpart in other major free software licenses. In the interest of greater brevity it should be deleted, but the issue of assignment in the M&A context should perhaps be revisited at a later time. --- GPL.next | 13 ------------- 1 file changed, 13 deletions(-) diff --git a/GPL.next b/GPL.next index dd7ec18..ad5e793 100644 --- a/GPL.next +++ b/GPL.next @@ -6,9 +6,6 @@ "This License" refers to this document. - "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. @@ -384,16 +381,6 @@ 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, if -the predecessor has it or can get it with reasonable efforts. - 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 -- 2.11.4.GIT