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-<!-- This is the second edition of Free Software, Free Society: Selected Essays of Richard M. Stallman.
-
-Free Software Foundation
-
-51 Franklin Street, Fifth Floor
-
-Boston, MA 02110-1335
-Copyright C 2002, 2010 Free Software Foundation, Inc.
-Verbatim copying and distribution of this entire book are permitted
-worldwide, without royalty, in any medium, provided this notice is
-preserved. Permission is granted to copy and distribute translations
-of this book from the original English into another language provided
-the translation has been approved by the Free Software Foundation and
-the copyright notice and this permission notice are preserved on all
-copies.
-
-ISBN 978-0-9831592-0-9
-Cover design by Rob Myers.
-
-Cover photograph by Peter Hinely.
- -->
-
-
- <a name="Why-Upgrade-to-GPLv3">
- </a>
- <h1 class="chapter">
- 29. Why Upgrade to GPLv3
- </h1>
- <a name="index-patents_002c-GPL-version-3-and-4">
- </a>
- <a name="index-GPL_002c-version-3_002c-why-upgrade-to">
- </a>
- <a name="index-call-to-action_002c-upgrade-to-GPL-version-3">
- </a>
- <p>
- Version 3 of the GNU General Public License (GNU GPL) has been released, enabling free software packages to upgrade from GPL version 2. This article explains why upgrading the license is important.
- </p>
- <p>
- First of all, it is important to note that upgrading is a choice. GPL
-version 2 will remain a valid license, and no disaster will happen if
-some programs remain under GPLv2 while others advance to GPLv3. These
-two licenses are incompatible, but that isn’t a fundamental problem.
- </p>
- <a name="index-copyleft_002c-GPL-and-2">
- </a>
- <a name="index-GPL_002c-version-3_002c-compatibility">
- </a>
- <p>
- When we say that GPLv2 and GPLv3 are incompatible, it means there is
-no legal way to combine code under GPLv2 with code under GPLv3 in a
-single program. This is because both GPLv2 and GPLv3 are copyleft
-licenses: each of them says, “If you include code under this license
-in a larger program, the larger program must be under this license
-too.” There is no way to make them compatible. We could add a
-GPLv2-compatibility clause to GPLv3, but it wouldn’t do the job,
-because GPLv2 would need a similar clause.
- </p>
- <p>
- Fortunately, license incompatibility matters only when you want to
-link, merge or combine code from two different programs into a single
-program. There is no problem in having GPLv3-covered and
-GPLv2-covered programs side by side in an operating system. For
-instance, the
- <a name="index-TeX-4">
- </a>
- TeX license and the
- <a name="index-Apache-License">
- </a>
- Apache license are incompatible with
-GPLv2, but that doesn’t stop us from running TeX and
- <a name="index-Apache">
- </a>
- Apache in the
-same system with Linux,
- <a name="index-BASH-_0028Bourne-Again-Shell_0029_002c-GNU-4">
- </a>
- <a name="index-GNU_002c-GNU-BASH-_0028Bourne-Again-Shell_0029-4">
- </a>
- Bash and
- <a name="index-GNU_002c-GCC-5">
- </a>
- GCC. This is because they are all
-separate programs. Likewise, if Bash and GCC move to GPLv3, while
-Linux remains under GPLv2, there is no conflict.
- </p>
- <p>
- Keeping a program under GPLv2 won’t create problems. The reason to
-migrate is because of the existing problems that GPLv3 will address.
- </p>
- <a name="index-tivoization-2">
- </a>
- <p>
- One major danger that GPLv3 will block is tivoization. Tivoization
-means certain “appliances” (which have computers inside)
-contain
- <a name="index-GPL_002dcovered-software-_0028see-also-software_0029-3">
- </a>
- <a name="index-GPL_002c-GPL_002dcovered-software-_0028see-also-software_0029-3">
- </a>
- GPL-covered software that you can’t effectively change, because the
-appliance shuts down if it detects modified software. The usual
-motive for tivoization is that the software has features the
-manufacturer knows people will want to change, and aims
-to stop people from changing them. The manufacturers of
-these computers take advantage of the freedom that free software
-provides, but they don’t let you do likewise.
- </p>
- <p>
- Some argue that competition between appliances in a free market should
-suffice to keep nasty features to a low level. Perhaps competition
-alone would avoid arbitrary, pointless misfeatures like “Must shut
-down between 1pm and 5pm every Tuesday,” but even so, a choice of
-masters isn’t freedom. Freedom means
- <em>
- you
- </em>
- control what your software
-does, not merely that you can beg or threaten someone else who decides
-for you.
- </p>
- <p>
- In the crucial area of
- <a name="index-DRM_002c-GPL-version-3-and">
- </a>
- <a name="index-DRM_002c-call-it-_0060_0060Digital-Restrictions-Management_0027_0027-3">
- </a>
- <a name="index-DMCA_002c-GPL-version-3-and">
- </a>
- Digital Restrictions Management (DRM)—nasty features
-designed to restrict your use of the data in your
-computer—competition is no help, because relevant competition is
-forbidden. Under the Digital Millennium Copyright Act and similar
-laws, it is illegal, in the US and many other countries, to distribute
-DVD players unless they restrict the user according to the official
-rules of the DVD conspiracy (its web site is
- <a href="http://www.dvdcca.org/">
- http://www.dvdcca.org/
- </a>
- ,
-but the rules do not seem to be published there). The public can’t
-reject DRM by buying non-DRM players because none are available. No
-matter how many products you can choose from, they all have equivalent
-digital handcuffs.
- </p>
- <p>
- GPLv3 ensures you are free to remove the handcuffs. It doesn’t forbid
-DRM, or any kind of feature. It places no limits on the substantive
-functionality you can add to a program, or remove from it. Rather, it
-makes sure that you are just as free to remove nasty features as the
-distributor of your copy was to add them. Tivoization is the way they
-deny you that freedom; to protect your freedom, GPLv3 forbids
-tivoization.
- </p>
- <p>
- The ban on tivoization applies to any product whose use by consumers is to be expected, even occasionally. GPLv3 tolerates tivoization
-only for products that are almost exclusively meant for businesses and
-organizations.
- <a name="index-tivoization-3">
- </a>
- </p>
- <a name="index-Novell-_0028see-also-patents_002c-GPL_002c-and-Microsoft_0029">
- </a>
- <a name="index-patents_002c-Novell_002dMicrosoft-pact">
- </a>
- <a name="index-Microsoft_002c-Novell_002dMicrosoft-pact">
- </a>
- <a name="index-GPL_002c-version-3_002c-limited-patent-protection">
- </a>
- <p>
- Another threat that GPLv3 resists is that of patent deals like the
-Novell-Microsoft pact. Microsoft wants to use its thousands of
-patents to make users pay Microsoft for the privilege of running
-GNU/Linux, and made this pact to try to achieve that. The deal offers
-rather limited protection from Microsoft patents to Novell’s customers.
- </p>
- <p>
- Microsoft made a few mistakes in the Novell-Microsoft deal, and GPLv3
-is designed to turn them against Microsoft, extending that limited
-patent protection to the whole community. In order to take advantage
-of this protection, programs need to use GPLv3.
- </p>
- <p>
- Microsoft’s lawyers are not stupid, and next time they may manage to
-avoid those mistakes. GPLv3 therefore says they don’t get a “next
-time.” Releasing a program under GPL version 3 protects it from
-Microsoft’s future attempts to make redistributors collect Microsoft
-royalties from the program’s users.
- </p>
- <p>
- GPLv3 also provides users with explicit patent protection from
-the program’s contributors and redistributors. With GPLv2, users rely
-on an implicit patent license to make sure that the company which
-provided them a copy won’t sue them, or the people they redistribute
-copies to, for patent infringement.
- </p>
- <p>
- The explicit patent license in GPLv3 does not go as far as we might
-have liked. Ideally, we would make everyone who redistributes
-GPL-covered code give up all software patents, along with everyone
-who does not redistribute GPL-covered code, because there should be
-no software patents. Software patents are a
-vicious and absurd system that puts all software developers in danger
-of being sued by companies they have never heard of, as well as by all
-the megacorporations in the field. Large programs typically combine
-thousands of ideas, so it is no surprise if they implement ideas
-covered by hundreds of patents. Megacorporations collect thousands of
-patents, and use those patents to bully smaller developers. Patents
-already obstruct free software development.
- </p>
- <p>
- The only way to make software development safe is to abolish software
-patents, and we aim to achieve this some day. But we cannot do this
-through a software license. Any program, free or not, can be killed
-by a software patent in the hands of an unrelated party, and the
-program’s license cannot prevent that. Only court decisions or
-changes in patent law can make software development safe from patents.
-If we tried to do this with GPLv3, it would fail.
- </p>
- <p>
- Therefore, GPLv3 seeks to limit and channel the danger. In
-particular, we have tried to save free software from a fate worse than
-death: to be made effectively proprietary, through patents. The
-explicit patent license of GPLv3 makes sure companies that use the GPL
-to give users the four freedoms cannot turn around and use their
-patents to tell some users, “That doesn’t include you.”
-It also stops them from colluding with other patent holders to do this.
- </p>
- <a name="index-BitTorrent">
- </a>
- <a name="index-Apache-License-1">
- </a>
- <p>
- Further advantages of GPLv3 include better internationalization, gentler
-termination, support for BitTorrent, and compatibility with the Apache
-license. All in all, plenty of reason to upgrade.
- </p>
- <p>
- Change is unlikely to cease once GPLv3 is released. If new threats to
-users’ freedom develop, we will have to develop GPL version 4. It is
-important to make sure that programs will have no trouble upgrading to
-GPLv4 if and when we write one.
- </p>
- <p>
- One way to do this is to release a program under “GPL version 3 or any
-later version.” Another way is for all the contributors to a program
-to state a proxy who can decide on upgrading to future GPL versions.
-The third way is for all the contributors to assign copyright to one
-designated copyright holder, who will be in a position to upgrade the
-license version. One way or another, programs should provide this
-flexibility for future GPL versions.
- <a name="index-GPL_002c-version-3_002c-why-upgrade-to-1">
- </a>
- <a name="index-call-to-action_002c-upgrade-to-GPL-version-3-1">
- </a>
- <a name="index-patents_002c-GPL-version-3-and-5">
- </a>
- </p>
- <hr size="2"/>
-