From: to...@WHEATIES.AI.MIT.EDU (Leonard H. Tower Jr.)
Subject: DRAFT of new subroutinized copyleft
Date: 12 Feb 89 21:52:47 GMT
Organization: GNUs Not Usenet
The new subroutinized General Public License is almost ready.
Here is a draft version; does anyone have comments or suggestions?
GNU GENERAL PUBLIC LICENSE
DRAFT Version, February 1989
Copyright (C) 1989 Free Software Foundation, Inc.
Everyone will be permitted to copy and distribute verbatim copies
of this license, when it is actually published.
[Note: this section is supposed to state our ethical position
and some of the practical significance of copyleft. It should not
contain any legal language.]
The license agreements of most software companies keep users at the
mercy of those companies. By contrast, our General Public License is
intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. The
General Public License applies to the Free Software Foundation's
software and to any other program whose authors decide to use it. You
can use it for your programs, too.
Specifically, the General Public License is designed to make sure
that you have the right to give away copies of copylefted software,
that you receive source code or else can get it if you want it, that
you can change the software or use pieces of it in new free programs;
and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if
you distribute copies of the software, or if you modify it.
For example, if you distribute copies of a such a program, you must
give the recipients all the rights that you have. You must make sure
that they, too, receive or can get the source code. And you must tell
them their rights.
This is done with two steps: (1) copyright the software, and (2)
offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on,
we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original author's reputation.
The precise terms and conditions for copying, distribution and
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any program which contains a
notice placed by the copyright holder saying it may be distributed under
the terms of this General Public License. The "Program", below, refers
to any such program, and a "work based on the Program" means either the
Program or any work containing the Program or a portion of it, either
verbatim or with modifications. Each licensee is addressed as "you".
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact the notices
on all files that refer to this General Public License and to the
absence of any warranty; and give any other recipients of the Program
a copy of this General Public License along with the Program. You may
charge a distribution fee for the physical act of transferring a copy.
2. You may modify your copy or copies of the Program or any portion of
it, and copy and distribute such modifications under the terms of Paragraph
1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating that
you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish, that
in whole or in part contains or is a derivative of the Program or any
part thereof, to be licensed at no charge to all third parties under
the terms of this General Public License (except that you may choose
to grant more extensive warranty protection to some or all third
parties, at your option).
c) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty
protection in exchange for a fee.
d) If the modified program normally reads commands interactively
when run, cause it, when started running for such interactive use
in the simplest and most usual way, to print an announcement
including an appropriate copyright notice and a notice that there
is no warranty (or else, saying that you provide a warranty)
and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this
General Public License.
Mere aggregation of another unrelated program with the Program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other program under the scope of these terms.
3. You may copy and distribute the Program (or a portion or derivative of
it, under Paragraph 2) in object code or executable form under the terms of
Paragraphs 1 and 2 above provided that you also do one of the following:
a) accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of
Paragraphs 1 and 2 above; or,
b) accompany it with a written offer, valid for at least three
years, to give any third party free (except for a nominal
shipping charge) a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of
Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form alone.)
For an executable file, complete source code means all the source code for
all modules it contains; but, as a special exception, it need not include
source code for modules which are standard libraries that accompany the
operating system on which the executable file runs.
4. You may not copy, modify, sublicense, distribute or transfer the
Program except as expressly provided under this General Public License.
Any attempt otherwise to copy, modify, sublicense, distribute or transfer
the Program is void, and will automatically terminate your rights to use
the Program under this License. However, parties who have received
computer software programs from you with this General Public License will
not have their licenses terminated so long as such parties remain in full
5. By copying, distributing or modifying the Program (or any work based
on the Program), that being copyrighted material, you indicate your
acceptance of this license to do so, and all its terms and conditions.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
7. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Each version is given a
distinguishing version number. If the Program specifies a version number
which applies to it, you have the option of following the terms either of
that version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
license, you may choose any version published by the Free Software
8. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, 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.
9. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY NO
WARRANTY, 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
10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER OR OTHER PARTY WHO MAY MODIFY AND
REDISTRIBUTE 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 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.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop software, and you want humanity to use it and benefit
from it to the utmost, the best way is to make it copylefted free
software which everyone can redistribute under these terms.
To do so, get your employer or school to sign a ``copyright
disclaimer'' if necessary (they will know what to do), and then put
the following notices at the beginning of each source file:
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) 19yy <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,
version 1, or (at your choice) any later version.
One of these terms is that you were supposed to receive a
copy of the GNU General Public License along with this program,
to inform you of your rights and responsibilities. If you did not
receive one, write to the Free Software Foundation, 675 Mass Ave,
Cambridge, MA 02139.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; not even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
Also add information on how to contact you by electronic and snail mail.
If the program is interactive, make it print a short notice like this
when it starts:
Slobovision version 69, Copyright (C) 19xx name of author
Slobovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it;
type `show c' for copying conditions.
The hypothetical commands `show w' and `show c' should print the
appropriate parts of this program. Of course, the commands you use
may be called something other than `show w' and `show c', or they
could be mouse-clicks or menu items, whatever suits your program.
That's all there is to it!
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SCO Files Lawsuit Against IBM
March 7, 2003 - The SCO Group filed legal action against IBM in the State
Court of Utah for trade secrets misappropriation, tortious interference,
unfair competition and breach of contract. The complaint alleges that IBM
made concentrated efforts to improperly destroy the economic value of
UNIX, particularly UNIX on Intel, to benefit IBM's Linux services
business. See SCO v IBM.
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