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GNU is Not Unix

Explaining the GPL to Non-Lawyers? 415

peddrenth asks: "Software licenses are, we keep saying, difficult to read. The public clicks OK without reading, either implicitly trusting or mistrusting us the software authors. There have been calls recently for companies to clean-up the license, to bullet, section, and colour their licenses, to remove THE UPPERCASE and to draw charts and graphs to explain the license. Anyone who's had to read a 3-page document in a 3"x1" textbox knows how useful this would be. The GPL is one of the most important licenses in the world, and appears on thousands of products. Everything from windows programs to operating systems to people's artwork requires understanding and acceptance of the GNU GPL. Should we, the free software community, take the first step in this effort, and show the world what an easy-to-read license looks like? Would it be useful if long textual software licenses stood out like a sore thumb amongst the cool, pretty, and clear free licenses?" Many may think the GPL Preamble to be clear enough, and this may be true. However there are a lot of people out there that would like to read the entire license so that they know exactly what they may be getting into, before they agree to it. This usually implies being able reading the actual license, and not just the preamble.

"Should we use such a comparison to show the public how they're being manipulated by terms in a EULA they don't read or understand, and encourage other license-writers to include the graphs and tables themselves, showing the public what a license really means?

What would be your ideal license, what poster would you draw to explain the GPL to a child, a PHB, or an artist? Would you stick with the text, or can you think of anything better?"

jamie interjects: The root of the problem is that "intellectual property" is a kludge of a natural human understanding of property rights. Useful, but a kludge. You have to invent many oddball concepts to keep up the pretense that ideas are property. The GPL is a kludge (strict and precise licensing terms) implemented on top of a kludge (copyright law) and, in English or in code, there is no short and simple way to describe complex things.

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Explaining the GPL to Non-Lawyers?

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  • it's hard (Score:0, Informative)

    by Dr Kool, PhD ( 173800 ) on Friday May 03, 2002 @01:27PM (#3458178) Homepage Journal
    Try to convince your friends that viewing women-on-women is pleasurable for all heterosexual males, not just lawyers. I mean, why should those suits get to have all the fun?? I really don't see what intellectual property has to do with anything unless you bring your video camera or one of the chicks is very intelligent. But most lesbians are very kinky and stuff, so they probably won't mind if you record them. And if one the chicks is smart then just RUN. Nerdy chicks aren't hot, everyone knows that.

    You should forget about software licenses too. I mean Lesbian pr0n videos are alright, but they are no substitute to being there in person. I also wouldn't recommend getting into kludge unless you are into kinky stuff like that.

    Remember: Girly Pink Lesbians should be for EVERYONE.
  • by jackDuhRipper ( 67743 ) on Friday May 03, 2002 @01:28PM (#3458188) Homepage
    Jamie said it pretty well w/r/t "complex ideas being complicated to explain," but the GPL FAQ [fsf.org] presents some 'real-world scenarios' I've found helpful.
  • by seek31337 ( 520238 ) on Friday May 03, 2002 @01:37PM (#3458261) Homepage
    The problem is, you cannot put an entire political agenda in a 3"x1" window.

    From http://www.opensource.org/licenses/bsd-license.htm l [opensource.org]:
    <OWNER> = Regents of the University of California
    <ORGANIZATION> = University of California, Berkeley
    <YEAR> = 1998

    In the original BSD license, both occurrences of the phrase "COPYRIGHT HOLDERS AND CONTRIBUTORS" in the disclaimer read "REGENTS AND CONTRIBUTORS".

    Here is the license template:

    Copyright (c) <YEAR>, <OWNER>
    All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    * Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  • by saphena ( 322272 ) on Friday May 03, 2002 @02:01PM (#3458454) Homepage
    The author of the EULA can, of course, write whatever he likes into the licence but the more obscure terms may well be judged to be unenforceable when it comes right down to it and this outcome is much more likely if the document itself is written in obscure legalese and presented in an unhelpful format.

    The more presentable and easy to understand, the more enforceable.

    In the UK, we have laws such as the Unfair Contract Terms Act which outlaw certain types of clause even if they are easy to read but might allow others ONLY if they are easy to understand.

    By all means use the GPL as a shining example of the way it should be done, it may actually be used in court to help defeat some of the more ridiculous EULAs.

  • by rgmoore ( 133276 ) <glandauer@charter.net> on Friday May 03, 2002 @02:12PM (#3458526) Homepage
    Does there exist EULA that gives you, the user the right to distribute binary-only copies of a program?

    Yes. The BSD/MIT style licenses give you this right, for which reason advocates of those licenses claim that they're "more free" than the GPL. I'm not sure if I agree with the point, but there are licenses that give the first-generation user more rights than the GPL. The argument is then over whether those rights are more valuable than the GPL's protection of second and later generation users.

  • by marhar ( 66825 ) on Friday May 03, 2002 @02:22PM (#3458587) Homepage
    I got this from my old company's lawyer: You won't ever get rid of UPPER CASE in legalese, because
    • Some legal precedents require parts of your license to be "noticable"
    • Typing in upper case has been found to be "noticable" in previous court cases

    So if you changed from upper case to bold italic lower case, you would very likely face a legal challenge that your notice was not "noticable", and you would have to fight that throught the court hierarchy. However, once somebody did do this, then others could use that as precedent.
  • Wrong. (Score:2, Informative)

    by mgw1181 ( 214961 ) on Friday May 03, 2002 @02:25PM (#3458608)
    At least in the US. [cornell.edu]

    a) Making of Additional Copy or Adaptation by Owner of Copy. - Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:


    (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or...
  • Re:short and sweet (Score:3, Informative)

    by hummassa ( 157160 ) on Friday May 03, 2002 @02:37PM (#3458683) Homepage Journal
    I am sorry, but I think you are wrong.

    THERE IS NO INFECTION

    what is yours, is yours, and if you built something on top of what was previously ours but you don't want it to be ours, you cannot play with the thing that was ours, that is to say, rebuild your stuff on top of other stuff.

    You don't have to show everyone your code, just leave ours far from it.

    Understood??

  • I have to disagree. It is the complexity that allows loopholes. Something that is complex is more easily interpreted differently. Something that is clear and simple leaves no room for alternate interpretations. Which of these leaves more room for interpretation?

    2+2=4

    The ANSWER is equal to the SUM of the FIRST NUMBER and the SECOND NUMBER, where the FIRST NUMBER has the same value as the SECOND NUMBER. IF AND ONLY IF the SECOND NUMBER has the value of the SECOND POSITIVE INTEGER, the ANSWER will have the value of the FOURTH POSITIVE INTEGER.

  • by Lumpish Scholar ( 17107 ) on Friday May 03, 2002 @02:53PM (#3458825) Homepage Journal
    Anyone who's had to read a 3-page document in a 3"x1" textbox ...
    Speaking as someone who's had to write text crammed into those boxes, here IMHO is some appropriate verbiage for GPL software:

    You need not agree to a license in order to use this software.

    The installation should somewhere contain copyright information, warantee disclaimer (which the user is not required to approve), and a link to the GPL. See also How to Apply These Terms to Your New Programs [gnu.org].
  • If you follow the right of First Sale, then you don't have to agree to the GPL.

    This would, however, require that, when you sell your copy, you give the recipient ALL VERSIONS of your copy, and destroy any backups you may have .. If you kept/gave a copy then you've made a copy and that action would be subject to regular copyright restrictions (unless you've agreed to the GPL).

    That would apply in cases like a contractor doing a work-for-hire on a piece of GPL work, and leaving the result with the employer. -- but you'd still have to give them your source code, because if you gave them a modified object, it would be a copy, and subject to copyright rules (i.e. you can't). On the other hand: if you gave them an unmodified object/source, what in the world did they pay you for?

  • by gblues ( 90260 ) on Friday May 03, 2002 @02:59PM (#3458882)

    The preamble to the GPL is adequate because it does not need to be read (much less agreed to) for a user to use GPL software. There is no EULA. The GPL itself does not apply until a user attempts to distribute, modify, or otherwise create derivatives of the software. This will almost never happen in the normal use of most software.

    It would be more appropriate to draft the GPL using RFC terminology so that those who will be distributing, modifying, or otherwise creating derivative programs can understand the license. Coders don't speak legalese, but most can grok an RFC.

    Nathan

  • Re:short and sweet (Score:2, Informative)

    by edbarrett ( 150317 ) on Saturday May 04, 2002 @02:07PM (#3463023)
    There is the problem, for many GPL'd products that I want to incorporate into mine, I'd be willing to pay a reasonable fee to be able to use commercially. But the GPL stops me from doing this...
    Then track down the owner of the copyright and ask to purchase a commercial license. You can release your software under multiple licenses, you know.

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