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  1. <?xml version="1.0" encoding="utf-8" ?>
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  3. <head>
  4. <title>GPLv3 - Transcript of Ricard Stallman in Torino (Turin),
  5. Italy; 2006-03-18</title>
  6. </head>
  7. <body>
  8. <h1>Transcript of Richard Stallman speaking on GPLv3 in Torino; 18th
  9. March 2006</h1>
  10. <p>
  11. See our <a href="gplv3.html">GPLv3 project</a> page for information
  12. on <a href="gplv3#participate">how to participate</a>. And you may
  13. be interested in
  14. our <a href="">list of
  15. transcripts on GPLv3 and free software licences</a>.
  16. </p>
  17. <p>The following is a transcript of Richard Stallman's presentation
  18. made at <a href="gplv3-torino.html">a GPLv3 event held in Torino
  19. (Turin), Italy on March 18th 2006</a>. A video recording of the
  20. whole event is available at <a
  21. href=""></a>.
  22. The timestamps in square brackets in the transcript correspond to
  23. that recording.</p>
  24. <p>Transcription of this event was undertaken
  25. by Ciaran O'Riordan and
  26. published as part of <a href="/campaigns/gplv3/gplv3.html">FSFE's
  27. work to assist the GPLv3 consultation process</a>. Please support
  28. work such as this by joining <a href="">the
  29. Fellowship of FSFE</a>, and by encouraging others to do so.</p>
  30. <p>Richard Stallman launched
  31. the <a href="/documents/gnuproject.html">GNU project</a> in 1983,
  32. and with it the <a href="/documents/freesoftware.html">Free
  33. Software</a> movement. Stallman is the president of FSF - a sister
  34. organisation of FSFE.</p>
  35. <h2>Sections</h2>
  36. <ol>
  37. <li><a href="#note-on-ip">First, a note on "intellectual property"</a></li>
  38. <li><a href="#on-to-gplv3">On to the GPLv3</a></li>
  39. <li><a href="#version-transitioning">About "or any later version" and
  40. transitioning between versions</a></li>
  41. <li><a href="#patent-grant">Software patents: explicit patent grants</a></li>
  42. <li><a href="#four-freedoms">The four freedoms of Free Software</a></li>
  43. <li><a href="#drm">Digital Restrictions Management: how it was tackled
  44. without restricting usage or modification</a></li>
  45. <li><a href="#drm-and-laws">DRM and laws about effective restriction measures</a></li>
  46. <li><a href="#licence-compatibility">Licence compatibility</a></li>
  47. <li><a href="#affero-clause">Compatibility with Affero - addressing web services, if you want</a></li>
  48. <li><a href="#compatibility-with-patent-retaliation">Compatibility
  49. with two kinds of patent retaliation</a></li>
  50. <li><a href="#limited-retal">The draft GPLv3 does contain
  51. a very limited patent retaliation clause</a></li>
  52. <li><a href="#displaying-the-licence">Requirements for notifying users
  53. of the licence terms</a></li>
  54. <li><a href="#q1-about-linux">Question 1: What about Linux?</a></li>
  55. <li><a href="#q2-linking">Question 2: About dynamic linking and languages</a></li>
  56. <li><a href="#q3a-judging-the-spirit">Question 3a: What if someone
  57. thinks the spirit has been changed?</a></li>
  58. <li><a href="#q3b-can-free-software-beat-drm">Question 3b: Can
  59. writing Free Software beat DRM or is lobbying needed? (Stallman's
  60. answer discusses democracy)</a></li>
  61. <li><a href="#q4-who-is-involved">Question 4: Who is involved in the process?</a></li>
  62. <li><a href="#q5-why-you">Question 5: Why is there not a team running
  63. it instead of you, and who will run it next time?</a></li>
  64. <li><a href="#q6-what-was-rejected">Question 6: What ideas for GPLv3
  65. were rejected?</a></li>
  66. </ol>
  67. <ul>
  68. <li><a href="#links">Links to documents for more information on the
  69. topics covered</a></li>
  70. </ul>
  71. <h2>The transcript</h2>
  72. <p>Richard Stallman:</p>
  73. <p class="indent" id="note-on-ip">
  74. Before I get into the main subject, which is the plans for version
  75. three of the GPL, I want to mention a very important fundamental
  76. issue.
  77. </p>
  78. <p>
  79. [1h 27m 06s]
  80. </p>
  81. <p class="indent">
  82. There is a term that some people use, which causes terrible confusion
  83. and should never be used, and that is the term "intellectual
  84. property". Now, I heard someone mention that term. I don't think he
  85. was explaining why that term should not be used.
  86. </p>
  87. <p class="indent">
  88. It is devastatingly harmful to use the term "intellectual property"
  89. because that term implies the existence of something which does not
  90. exist.
  91. </p>
  92. <p class="indent">
  93. Copyright law exists. Patent law exists. They have almost nothing in
  94. common in terms of the requirements that they put on the public. Trademark
  95. law also exists. It has nothing in common with copyright law or
  96. patent law about what it requires of the public. So, the idea that there
  97. is some general thing which these are instances of already gets people
  98. so confused that they cannot understand these issues. There is no
  99. such thing. These are three separate unrelated issues, and any
  100. attempt to generalise about them guarantees confusion. Everyone who
  101. uses the term "intellectual property" is either confused himself or
  102. trying to confuse you.
  103. </p>
  104. <p>
  105. [applause]
  106. </p>
  107. <p>
  108. [1h 29m 12s]
  109. </p>
  110. <p class="indent">
  111. I came to this conclusion a few years ago and since then I have decided
  112. that I will never use that term. No exceptions. I will talk about
  113. why the term is confusing, because that's a useful thing to do, but I
  114. will never use that term. I never use it. I hope you will join me
  115. in making this firm policy of never using it. And if someone else
  116. says something about "intellectual property", I will not respond
  117. directly to what he said without first explaining the confusion buried
  118. in it, because you see, the confusion buried in a statement is usually
  119. more harmful than whatever may be false that he actually tried to
  120. say.
  121. </p>
  122. <p class="indent">
  123. The false premises, the false presuppositions are the most important
  124. problem. So, if someone makes a statement about intellectual property
  125. and some part of it is the specific point, which I might disagree
  126. with, the first thing I will say is why it's a mistake to talk about
  127. intellectual property at all, and then I will try to translate what he
  128. said into clearer terms, and then I might say if I agree with it or
  129. not. But that's secondary, and explaining to people the confusion in
  130. the term intellectual property itself is the most important thing to do.
  131. </p>
  132. <p class="indent">
  133. There is a tendency to, we all have it, to follow other people in
  134. their choice of terminology. If someone says an outrageous thing and
  135. he uses the term intellectual property, you will feel drawn into
  136. responding in the same terms. So, learn to resist that temptation.
  137. </p>
  138. <p>
  139. [1h 31m 20s]
  140. </p>
  141. <p class="indent">
  142. The most important mistake, the most important falsehood in that
  143. statement is its use of the term "intellectual property" in the first
  144. place. And the most important thing about it to respond to, if you
  145. could only choose one thing, is that one. And you can say: "and since your whole
  146. picture of the situation is totally confused, clearly the specifics of
  147. what you said need to be rethought".
  148. </p>
  149. <p class="indent">
  150. That's all you need to do to deal with the specific thing he said.
  151. </p>
  152. <p class="indent">
  153. And, by the way, when the term "intellectual property" is used in the
  154. name of a law or a committee, that is an example of the confusion.
  155. It's almost a certainty that any law named "intellectual property" is
  156. a harmful, an unjust law. Of course, you have to check the details to
  157. be sure of that, but you can be almost certain just from hearing the
  158. name. And the reason is that you can tell from the name that unjust
  159. premises and confusions went into the design of the law so what could
  160. you expect except harmfulness.
  161. </p>
  162. <p>
  163. [1h 33m 00s]
  164. </p>
  165. <p class="indent" id="on-to-gplv3">
  166. So, at this point, I should go to the intended topic, which is
  167. version three of the GPL.
  168. </p>
  169. <p class="indent">
  170. I designed GPL version one in 1989, and GPL version two in 1991. I
  171. thought of making a version three something like five or six years
  172. ago. We didn't intend to wait fifteen years. It was due to the fact
  173. that I was busy, and there were some things that were hard to figure
  174. out.
  175. </p>
  176. <p class="indent" id="version-transitioning">
  177. The idea that there would be changes in the GPL was planned from the
  178. beginning. That is, version one already included a plan for transition
  179. to future versions. We suggested that people release their programs
  180. under "version one or any later version of the GPL", and the idea was
  181. that when version two came out, it would automatically be usable for
  182. all those programs and in the time since version two, we've been
  183. suggesting that people release their software under "version two or
  184. any later version" and I believe most GPL covered programs do say
  185. that, with the result that when GPL version three comes out, a lot of
  186. software will be usable under GPL version three.
  187. </p>
  188. <p class="indent">
  189. The older versions of the GPL also promise that future versions
  190. would be "similar in spirit". In other words, the changes will not be
  191. radical. Any radical change would be false to the spirit and would
  192. be wrong.
  193. </p>
  194. <p>
  195. [1h 35m 17s]
  196. </p>
  197. <p class="indent">
  198. The changes that we've proposed in version three are all in small
  199. sub-issues. Some of them are very important, but in the overall
  200. framework, they're small changes. And the overall effect of GPL
  201. version three will be basically the same as version two, protecting
  202. the same four freedoms, but doing it somewhat better, dealing with
  203. some problems which we've encountered and adapting better to various
  204. different laws around the world.
  205. </p>
  206. <p class="indent">
  207. One thing that we've done is that we've restructured some of the
  208. concepts, for instance, we make it clear that many other activities
  209. that have the effect of providing copies to other people are treated
  210. the same as distribution. Anything that's covered by copyright law
  211. which has the effect that it enables other people to get copies is
  212. effectively equivalent to distribution, and this insulates GPL version
  213. three from certain differences between laws in various countries about
  214. just what constitutes distribution. So it has the effect of making
  215. the GPL work more the same in all countries, despite precisely how they have
  216. formulated their copyright laws.
  217. </p>
  218. <p class="indent">
  219. There are many changes in GPL version three which do something like
  220. that, they actually just make it more uniform and more reliably doing
  221. the same thing we expected it already did.
  222. </p>
  223. <p>
  224. [1h 37m 20s]
  225. </p>
  226. <p class="indent" id="patent-grant">
  227. But there are some places where we actually have changed the policies
  228. in small ways. One of these concerns software patents. GPL version
  229. two is based on an implicit grant of a patent licence. The idea is
  230. that if somebody says "here is a thing and you can use it", implicitly
  231. he's promising he's not going to sue you for patent infringement if
  232. you go ahead and do what he said; however, since in the past eight
  233. years or so some other Free Software licences have included
  234. explicit statements of patent licenses, patent licence grants by
  235. people distributing the software, and so we decided to do the same
  236. thing, and we've included an explicit statement that the distributors
  237. of the software all promise not to sue anybody who is using any
  238. version of that software for patent infringement based on the versions
  239. that they distributed. Basically, whatever their versions do, they're
  240. promising not to sue you for.
  241. </p>
  242. <p class="indent">
  243. However, there's a subtlety that came up in this. What if somebody
  244. doesn't have a patent but he has got a licence for that patent, and he
  245. distributes the code to you. Well, does that licence he got include
  246. your exercise of the four freedoms? Including your freedom to
  247. redistribute copies yourself, with changes? Maybe not, but if it
  248. doesn't, it creates a dangerous and unfair situation. Unfair to you
  249. because he is distributing the software, or distributing his version of the
  250. software, and he is not going to get sued for patent infringement
  251. because he got a licence. He distributes it to you under the GPL and
  252. the GPL says you are free to redistribute it too, but if you do that
  253. you might get sued because his patent license might not cover you.
  254. </p>
  255. <p>
  256. [1h 40m 04s]
  257. </p>
  258. <p class="indent">
  259. Well, this is unfair, this is something that's not supposed to
  260. happen. He received this program under the GPL and the GPL says when
  261. he distributes a version of it, he must really give you the freedom to
  262. do the same. If he can count on safely doing it, and he knows you
  263. will get sued if you do it, by a third party, he's cheating. So, GPL
  264. version three, along with the explicit patent licence grant, says that
  265. if he is knowingly relying on a patent licence for distributing his
  266. version, he must take some effective step to protect you as well if you
  267. distribute.
  268. </p>
  269. <p class="indent">
  270. Now, the reason it talks about "knowingly relying" is that there are
  271. companies that have signed blanket cross licences with other
  272. companies, so the company distributing the program,
  273. might have some blanket cross licence with some company, and that
  274. blanket cross licence might cover a thousand patents, and they don't
  275. even know what those thousand patents say. So, if they don't even
  276. know that they have a patent licence, they're not required to pay
  277. attention, but if they know about a specific patent that would
  278. cover this program, that means they are knowingly relying
  279. on a patent licence and that means they have to keep you safe as
  280. well. This is a very controversial decision. It may seem like a
  281. subtle point, it covers a peculiar scenario, but it's not an impossible
  282. scenario. It could be a very important scenario. In this
  283. scenario, this point is essential to ensure that the GPL really does
  284. what it intends to do, which is, make sure that you do get the freedom
  285. to redistribute the software that you got. And this is typical of the
  286. ways that we are changing GPL version three. They apply to
  287. complicated scenarios but those scenarios may happen frequently, and
  288. in those scenarios we are trying to make sure that you really get the
  289. four fundamental freedoms which that Free Software.
  290. </p>
  291. <p class="indent">
  292. Did someone earlier already describe the four freedoms?
  293. </p>
  294. <p class="indent">
  295. Then I better do so.
  296. </p>
  297. <p>
  298. [1h 42m 43s]
  299. </p>
  300. <p class="indent" id="four-freedoms">
  301. Freedom zero is the freedom to run the program as you wish for any
  302. purpose.
  303. </p>
  304. <p class="indent">
  305. Freedom one is the freedom to study the source code and change it to
  306. do what you wish.
  307. </p>
  308. <p class="indent">
  309. Freedom two is the freedom to help your neighbour, that's the freedom
  310. to make copies and distribute them to others when you wish.
  311. </p>
  312. <p class="indent">
  313. Freedom three is the freedom to help your community, that's the
  314. freedom to publish or distribute modified versions when you wish.
  315. </p>
  316. <p class="indent">
  317. So here we're talking about what is necessary to ensure that freedom two
  318. really exist for you in a certain special scenario, freedom two being
  319. the freedom to redistribute copies and also freedom three, it applies
  320. to that too.
  321. </p>
  322. <p>
  323. [1h 43m 35s]
  324. </p>
  325. <p class="indent" id="drm">
  326. Another area where we have made changes concerns Digital Restrictions
  327. Management. Now, freedom zero says you are free to run the program as
  328. you wish for any purpose. We are not limiting freedom zero. If
  329. someone wants to run a program to encrypt something, that's fine. If
  330. someone wants to run a program to decrypt something, that's fine. If
  331. somebody wants to run a program to produce an encrypted medium that's
  332. difficult to access, that's fine. If somebody has some other GPL
  333. covered program to access that media and he wants to run it to access
  334. the encrypted data, that's fine too. And distributing software that
  335. could be used for those purposes is also entirely permitted, and
  336. will be permitted by GPL version 3.
  337. </p>
  338. <p>
  339. [1h 44m 58s]
  340. </p>
  341. <p class="indent">
  342. However, freedom zero does not include imposing your purposes on
  343. someone else who is going to run the program, because his freedom zero
  344. is the freedom to run the program for any purpose of his. So, there
  345. is no such thing as the freedom to use any software to impose your
  346. purpose on someone else. In fact, that should be illegal. I'm
  347. serious. And that's what DRM is.
  348. </p>
  349. <p class="indent">
  350. When somebody distributes a player, that has DRM in it, what he's
  351. doing is trying to restrict your running of your computer for his
  352. purposes, which is directly in conflict with the four freedoms that
  353. you should have.
  354. </p>
  355. <p class="indent">
  356. And that's what GPLv3 is in certain ways trying to stop and it does
  357. this simply by assuring you all four of the freedoms when you use the
  358. software. You see, because DRM - Digital Restrictions Management - is
  359. a plan to restrict the public, anyone distributing a version of a
  360. GPL-covered program as a player for DRM media always does something to
  361. stop the public from modifying the player, because his purpose in
  362. distributing a DRM player is to restrict you, he has to make sure
  363. you can't escape from his restrictions, from his power. That means he
  364. is always going to try to deny you freedom one. Freedom one is the
  365. freedom to study the source code of the program and change it to do
  366. what you want. What you want, might be, to escape from his
  367. restrictions, and if you have freedom one, you can escape from his
  368. restrictions. So his goal is somehow or other, for practical
  369. purposes, to deny you freedom number one.
  370. </p>
  371. <p>
  372. [1h 47m 26s]
  373. </p>
  374. <p class="indent">
  375. Now, what he might do is, use non-Free Software, and then completely
  376. deny you freedom number one. In fact, that's what they usually do.
  377. We can't change that with the GPL because they're not including any
  378. GPL-covered code. They don't have to pay attention to the
  379. GPL. There should just be a law against it. It should be illegal.
  380. DRM should be illegal, but we can't change laws by modifying the GPL.
  381. </p>
  382. <p class="indent">
  383. However, there are those that want to use GPL-covered software for
  384. this purpose, and they want to do so by turning freedom number one
  385. into a sham, a facade. So they plan to do something like, make a
  386. modified version of the GPL-covered program, which contains code to
  387. restrict you, and distribute that to you and somehow arrange that you
  388. can't really modify it, or if you modify it it won't run, or if
  389. you modify it and operate it, it won't operate on the same data.
  390. </p>
  391. <p>
  392. [1h 48m 42s]
  393. </p>
  394. <p class="indent">
  395. They do this in various ways. This is known as Tivo-isation because
  396. this is what the Tivo does. The Tivo includes some GPL-covered
  397. software. It includes a GNU+Linux system, a small one, but it does,
  398. and you can get the source code for that, as required by the GPL
  399. because many parts of GNU+Linux are under the GPL, and once you get
  400. the source code, you can modify it, and there are ways to install the
  401. modified software in your Tivo and if you do that, it won't run, period.
  402. Because, it does a check sum of the software and it verifies that it's
  403. a version from them and if it's your version, it won't run at all. So
  404. this is what we are forbidding, with the text we have written for GPL
  405. version three. It says that the source code they must give you
  406. includes whatever signature keys, or codes that are necessary to make
  407. your modified version run.
  408. </p>
  409. <p class="indent">
  410. In other words, it ensures that freedom number one is real. That you
  411. really can modify the source code, install it, and then it will run
  412. and not only that, we say, they must give you enough to make the
  413. modified version operate on the same range of data. Because, you see,
  414. Microsoft's plan, which they call Palladium, and then they change
  415. the name - they change these names frequently so as to evade
  416. criticism, to make criticism difficult, to make any kind of comment on
  417. their plans difficult. You talk about their plan and they say "Oh,
  418. we've dropped that, we have a different plan now". And probably it is
  419. different in some details, but the point is that they generate
  420. encryption and decryption keys using a check sum of the program which
  421. means that a different program can't possibly access the same data.
  422. Although, that's just the base level, and then on top of that they
  423. implement other facilities where the program simply has to be signed
  424. by the authorised signer in order to be able to access the data.
  425. </p>
  426. <p>
  427. [1h 51m 29s]
  428. </p>
  429. <p class="indent">
  430. Well, GPL version three says that if they distribute a GPL-covered
  431. program in this way, they must provide you with the key necessary so
  432. that you can sign your version and make it access the same data.
  433. Otherwise, they would say "Yes, you can run your modified version, but
  434. it will have a different check sum, so your version will only
  435. operate on data files made for your version, just as our version only
  436. operates on data made for our version". And what that means is that
  437. all the available files will only work with their version and your
  438. changed version will not be able to access them. That's exactly, in
  439. fact, how Treacherous Computing is designed to work. The plan is that
  440. they will publish files that are encrypted and it will be impossible
  441. to access those files with any other program, so GPL version three is
  442. designed to ensure that you really, effectively, get the freedom to
  443. take the program you were given, modify it, and run the modified
  444. version to do a different thing on the same data on the same machine.
  445. </p>
  446. <p class="indent" id="drm-and-laws">
  447. But, there's one other way that we're trying to thwart DRM. You see,
  448. one thing they do is, some countries, including, I'm sad to say, this
  449. one, have adopted unjust laws that support DRM. The exact opposite of
  450. what they ought to do, which is prohibit DRM, and what they say is:
  451. when media have been encoded for DRM, then writing another program to
  452. access that media is illegal, and the way they do this is they say
  453. that DRM constitutes an effective, they call it "protection" I call it
  454. "restriction", measure. So, what we say is, by releasing a program
  455. under GPL version three, you agree that it is not an effective
  456. restriction measure. In other words, you authorise others to develop
  457. on their own software to read the output of your program.
  458. </p>
  459. <p class="indent">
  460. This also is a matter of recognising and respecting their freedom to
  461. develop software and use their computers. And this, what I've
  462. described so far, is all that GPL version three says about DRM.
  463. </p>
  464. <p>
  465. [1h 54m 36s]
  466. </p>
  467. <p class="indent" id="licence-compatibility">
  468. Another area in which we've made large changes has to do with
  469. compatibility with a wide range of other Free Software licences.
  470. </p>
  471. <p class="indent">
  472. We've always understood GPL version two, and version one, as being
  473. compatible with some other Free Software licences. Namely, those that
  474. don't require anything except what the GPL requires. So, for
  475. instance, there is the X11 licence, all it requires is that you keep
  476. the licence there. This doesn't actually demand anything that
  477. conflicts with the GPL, so we've always interpreted it as being
  478. compatible with the GPL, and what it means to say that two free
  479. software licences are compatible is that you can take code from a
  480. program under licence A and code from a program under licence B and
  481. put them together in one program and you have not violated either
  482. licence.
  483. </p>
  484. <p class="indent">
  485. If both licences permit the combining of the code, then you can
  486. combine the code, and that's what it means to say the licences are
  487. compatible. Now, it's very useful to be able to combine the code, so
  488. compatibility of the licences is a convenient thing. Now, it's
  489. impossible for all Free Software licences to be compatible. You see,
  490. the GPL makes certain requirements and we are not willing to have them
  491. taken off, and so another licence, such as GPL version one, that
  492. doesn't have those requirements, cannot be compatible with GPL version
  493. two or three. That's impossible.
  494. </p>
  495. <p class="indent">
  496. A licence like the Mozilla Public License has its own specific
  497. requirements, but it requires things the GPL doesn't require. It
  498. can't be compatible, I believe. So we can't be compatible with all of
  499. them, but we went through other Free Software licences and we
  500. identified certain kinds of requirements that are pretty harmless and
  501. we wouldn't mind if people could attach those kinds of requirements to
  502. GPL-covered programs, and we made an explicit list of those kinds of
  503. requirements. Section seven of the draft of GPL version three says
  504. you can put your own terms and conditions on code that you add to the
  505. GPL covered program, and your terms and conditions can include these
  506. kinds of requirements. You can also give additional permission. Any
  507. kind of additional permission you like. So your terms on your code
  508. can be more permissive than the GPL itself. And section seven makes
  509. it completely explicit that this is compatible with the GPL.
  510. </p>
  511. <p>
  512. [1h 58m 22s]
  513. </p>
  514. <p class="indent">
  515. Now, these, the added kinds of requirements that you can make, include
  516. different requirements as regards credit and notices and how to
  517. identify changes on your code. That's harmless, that only really is
  518. relevant when people change your code, and when they do that they will
  519. see your terms at the beginning of your code and they will know what
  520. to do. And it can include a requirement that they not use certain of
  521. your trademarks in ways that trademark law forbids. And this would
  522. just be a way of reinforcing trademark law using the copyright on your
  523. code. And that's harmless because you could actually do that with
  524. trademark law in the first place. So this doesn't actually restrict
  525. people in any way that they wouldn't be restricted otherwise.
  526. </p>
  527. <p>
  528. [1h 59m 28s]
  529. </p>
  530. <p class="indent" id="affero-clause">
  531. You can put on requirements that -- and this is a non-trivial kind of
  532. requirement that we've decided to let people put on -- requirements
  533. that if people run your code, on a publicly accessible server, then it
  534. must have a command that the user can use to download the source code
  535. of the version that is running. Which means that if someone makes
  536. changes and puts the changes in his version, on his server, he has to
  537. make his source code changes available to the users who talk to his
  538. server.
  539. </p>
  540. <p class="indent">
  541. This requirement is known as the Affero clause because it's used in
  542. the Affero GPL. The Affero GPL is like GNU GPL version two except it
  543. has this requirement as well.
  544. </p>
  545. <p class="indent">
  546. We were thinking of including some kind of requirement like that in
  547. GNU GPL version three. We didn't want to make it apply to everything
  548. automatically. That would be a drastic change, so we would have to
  549. make it something that people could activate explicitly for their
  550. programs, and then I realised people could activate it explicitly for
  551. their programs by putting the Affero GPL on their programs and as long
  552. as the GNU GPL says it's compatible with that, that's a way you could
  553. activate that requirement for your code and it means we don't have to
  554. put any specific thing about that in the GNU GPL, we only have to make
  555. the GNU GPL compatible with it and we did.
  556. </p>
  557. <p id="compat-pat-retal">
  558. [2h 01m 33s]
  559. </p>
  560. <p class="indent" id="compatibility-with-patent-retaliation">
  561. There's another kind of requirement that we've decided to permit, and
  562. this is patent retaliation clauses. Now, the reason is that there are
  563. several other Free Software licences that have patent retaliation
  564. clauses.
  565. </p>
  566. <p class="indent">
  567. Patent retaliation means, if you sue somebody for patent infringement,
  568. then you lose the right to use this code.
  569. </p>
  570. <p class="indent">
  571. Of course there are many ways to do that because every patent
  572. retaliation clause puts on some specifics, if you sue him or him for
  573. patent infringement in certain circumstances, then you lose the right
  574. to use this code, and the question is, what are those circumstances,
  575. what are the conditions under which the retaliation operates.
  576. </p>
  577. <p class="indent">
  578. Now, we saw that there are some very broad and nasty patent retaliation
  579. clauses. Some of them say, "if you sue me for patent retaliation, for
  580. any reason about anything, you lose the right to use this code". Now
  581. that's bad because it means, suppose I sue you for patent
  582. infringement and you have a patent so you counter sue me, and then my
  583. Free Software licence retaliates against you and you lose the right to
  584. use that code, now that's not fair because in that case you are
  585. defending yourself, you're not the aggressor, so we decided to accept
  586. only patent retaliation clauses that are limited enough that they do
  587. not retaliate against defense, that they only retaliate against aggression,
  588. so there are two kinds of clauses that we identified that do this.
  589. One is, if the clause itself, makes a distinction between defense and
  590. aggression, so it says, if you sue somebody for patent infringement and
  591. it's aggression, then you lose the right to use this code, but if you
  592. are suing in retaliation for aggression, then what you are doing is
  593. defensive and then we do not retaliate against you.
  594. </p>
  595. <p class="indent">
  596. This is one kind of patent retaliation clause that we accept.
  597. </p>
  598. <p>
  599. [2h 04m 21s]
  600. </p>
  601. <p class="indent">
  602. The other kind is, if you sue, alleging that some Free Software,
  603. relating to this code is patent infringement, then you lose the right
  604. to use this code. In the broad space of possible kinds of
  605. patent retaliation clauses, we picked two kinds, each of which is
  606. limited enough that it will not retaliate against people for
  607. practicing defense with patents. It will only retaliate against
  608. aggressors. And we've said these two kinds of clauses are OK to add to
  609. your code in a GNU GPL covered program. This is a conceptually
  610. complicated thing. There's no way to make it any simpler, I hope, at
  611. least, that I've explained it clearly.
  612. </p>
  613. <p class="indent" id="limited-retal">
  614. The GPL itself does contain one very limited kind of patent retaliation,
  615. but it's a different kind. It says you if make changes in a GPL-covered
  616. program and then somebody else makes similar changes and you sue him
  617. for patent infringement then you lose the right to continue making
  618. changes and copying the program to your own machines.
  619. </p>
  620. <p class="indent">
  621. This is a very limited situation and it's meant to protect against one
  622. particular kind of abuse on the part of server operators where they make
  623. an improvement, which they're free to do, and run it on their servers
  624. and they don't release their source code and if the code does not have
  625. the Affero clause on it then they don't have to release the source
  626. code, and then you decide that you are going to implement a similar
  627. improvement and then they sue you for patent infringement.
  628. </p>
  629. <p class="indent">
  630. So, once again, we're making a change that keeps people honest and
  631. makes sure that the four standard freedoms that the four standard
  632. freedoms that the GPL has always tried to ensure, really apply in all
  633. cases.
  634. </p>
  635. <p class="indent" id="displaying-the-licence">
  636. This is pretty much it, but there is also one interesting change in
  637. the section that deals with modified versions. There has always been
  638. a requirement that if you get a program that prints some kind of
  639. notice about the licence when it starts up, you can't take that out.
  640. We've generalised that so that it applies to various kinds of user
  641. interfaces in various ways.
  642. </p>
  643. <p class="indent">
  644. So, for instance, if the program is graphical and it has an "about"
  645. box, the about box has to say "this is Free Software under the GPL". And if
  646. it starts up interactively and asks for commands, then it has to print
  647. the notice at the beginning, and the requirements are a little bit
  648. different depending on how obtrusive this would be. For example, the
  649. about box is simply a menu item sitting in a menu, well that doesn't
  650. bother anybody, so we just say that always has to be there.
  651. </p>
  652. <p class="indent">
  653. On the other hand, printing a notice at start up can be annoying,
  654. there are certain programs which shouldn't print notices at start up.
  655. So what we say is that if the program that you got doesn't print a
  656. notice and you change it, then your program doesn't have to print a
  657. notice either. You know, if you change Bash, well Bash isn't supposed
  658. to print a notice when it starts up and we don't require you make it
  659. print a notice, but if you gave it a GUI, with menus, you would have
  660. to put in an about box because the about box doesn't do any harm.
  661. </p>
  662. <p>
  663. [2h 10m 02s]
  664. </p>
  665. <p class="indent" id="end-of-presentation">
  666. I've covered all the issues I can think of that are worth discussing, and I am
  667. willing to ask for questions however you can discuss a question with
  668. me but if you think you see a problem, you should go to the site
  669. <a href=""></a> and report this problem and get it considered through our
  670. discussion committees and they'll either publish an answer eventually,
  671. or they will pass the issue on to me and I'll think about whether a
  672. change is needed.
  673. </p>
  674. <p class="indent">
  675. So, I'm ready for questions.
  676. </p>
  677. <p>
  678. [2h 10m 55s]
  679. </p>
  680. <p>
  681. [applause]
  682. </p>
  683. <p id="q1-about-linux">
  684. Q1: I would like to ask, what is the position of Stallman, and to
  685. clarify a bit about the different position of the Linux community
  686. about Digital Rights Management.
  687. </p>
  688. <p class="indent">
  689. Stallman: I can't speak for them, and I don't want to try. All I can
  690. point out is that Linux is one of thousands of programs in the
  691. GNU+Linux operating system. These programs already have various
  692. different licences. If some of those programs continue to be
  693. distributed under GPL version two while others move to GPL version
  694. three or to "GPL version three or later", that won't be any disaster.
  695. The developers of Linux are the ones who will decide which licence to
  696. use on their program, but I'm confident that most of the GNU+Linux
  697. system will be under the GPL version three, regardless of what the
  698. Linux developers decide about their program.
  699. </p>
  700. <p class="indent">
  701. I hope that they will move to GPL version three because I want to see
  702. Linux resisting Tivo-isation. Linux, after all, is one of the programs
  703. that has already been Tivo-ised.
  704. </p>
  705. <p class="indent">
  706. [applause]
  707. </p>
  708. <p id="q2-linking">
  709. Q2: (Question asked in Italian, something about linking and dynamic
  710. languages)
  711. </p>
  712. <p class="indent">
  713. Stallman: Actually, there are changes making it clearer that it
  714. doesn't matter which kind of linking is being used. If there are two
  715. modules that are designed to be run linked together and it's clear
  716. from the design from one or the other that they are meant to be linked
  717. together then we say they are treated as one program and so I hope
  718. that will make it a little bit clearer although that's not really a
  719. change, it's a clarification. That's what we believe GPL version two
  720. means already.
  721. </p>
  722. <p id="q3a-judging-the-spirit">
  723. Q3a: I have two different questions. The first is what happens if
  724. anyone released code under GPL version two maybe ten years ago and now
  725. isn't happy with version three and says you're changing the spirit,
  726. when I said I would release it under version two and subsequent
  727. version, I didn't think of these. Do you imagine he would be bound to
  728. version three, or...
  729. </p>
  730. <p class="indent">
  731. Stallman: Yes. Because we're not changing the spirit. These are
  732. small changes.
  733. </p>
  734. <p>
  735. Q3a2: OK, so basically, you're the one who judges...
  736. </p>
  737. <p class="indent">
  738. Stallman: Well, maybe a court might, but I can't believe that anyone
  739. not strongly prejudiced would conclude that this is a change in the
  740. spirit. A change in the spirit certainly permits change in the
  741. details of the requirements and anyone who released it under version
  742. two or later should have seen the changes that were made from version
  743. one, which were not as big but they were the same kinds of things. So
  744. yeh, if he released it under GPL "two or later" you'll be able to use it
  745. now under version three.
  746. </p>
  747. <p id="q3b-can-free-software-beat-drm">
  748. Q3b1: OK, the second question is that, as you know, I'm involved in
  749. these United Nation processes on the Internet governance, so I'm
  750. interested to know, do you think the fight against Digital Rights
  751. Managements and Trusted Comp[interrupted]
  752. </p>
  753. <p class="indent">
  754. Stallman: Digital Restrictions Management, and Treacherous Computing.
  755. Don't use the enemy's propaganda terms, every time you use those terms
  756. you are supporting the enemy.
  757. </p>
  758. <p>
  759. [applause]
  760. </p>
  761. <p class="indent">
  762. Q3b2: OK, so the correct term is Treacherous Computing right? So on
  763. the fight against these new mechanisms, do you think it can only be
  764. won by writing Free Software, releasing Free Software?
  765. </p>
  766. <p class="indent">
  767. Stallman: I don't know.
  768. </p>
  769. <p>
  770. Q3b3: Do you imagine that there should be need for
  771. intervention or lobbying at the legal level?
  772. </p>
  773. <p class="indent" id="democracy">
  774. Stallman: I think Treacherous Computing should be illegal. But I
  775. don't know how we're going to convince governments to actually do that
  776. because governments mostly are not very democratic anymore. They
  777. mostly are the pro-consuls of the mega corporations, their job is to
  778. keep us in line under the rule of the empire. That's why they run for
  779. office, they get into office, they do what the emperor -- the emperor
  780. being the mega corporations -- tells them to do, and their job is
  781. explaining to us why they can't do what we want them to do. It's very
  782. very sad and once in a while somebody has enough courage to refuse to
  783. obey, somebody like [sounds like Hugo Chavez].
  784. </p>
  785. <p>
  786. Q3b4: So do you think it's not even worth trying?
  787. </p>
  788. <p class="indent">
  789. Stallman: Oh, it's worth trying. It's just going to be hard, the
  790. point is you have to keep putting the pressure on these politicians.
  791. In France, there is a battle going on and we still might win it about
  792. the legalisation of peer-to-peer copying on the Internet. This shows
  793. that when enough people get energised, the empire can lose a battle.
  794. </p>
  795. <p class="indent">
  796. It's very important.
  797. </p>
  798. <p>
  799. [applause]
  800. </p>
  801. <p>
  802. [2h 19m 53s]
  803. </p>
  804. <p class="indent">
  805. Stallman: Another thing that people should do is refuse to buy
  806. anything that's based on DRM. Don't buy corrupt disks, that is the
  807. fake CDs that have music set up so that you're blocked from copying
  808. it. Don't buy DVDs unless you have DeCSS and you can copy it.
  809. </p>
  810. <p class="indent">
  811. If you can't copy it - don't buy it!
  812. </p>
  813. <p>
  814. [applause]
  815. </p>
  816. <p>
  817. [2h 20m 23s]
  818. </p>
  819. <p id="q4-who-is-involved">
  820. Q4: (Question in Italian, mentions Eben Moglen)
  821. </p>
  822. <p class="indent">
  823. Stallman: Well, first, I'm the one who decides what goes into GPL
  824. version three, and, of course, whenever I think of language I'm
  825. usually working with Eben Moglen since he's a lawyer and he's the only
  826. one that can tell me if the language will really do what I hope it
  827. will do. Meanwhile, a lot of other people are involved. For
  828. instance, you can go to the <a href=""></a> site and study it and if you
  829. think you see something that's not good or whatever kind of problem
  830. you might think there is, you can report it and your comment will go to a
  831. discussion committee and, there are four discussion committees, it
  832. will go to one of those committees which will then group your comment
  833. with other comments that raise that same issue and then they will
  834. study each issue and post the issue and their response to it and your
  835. comment will be connected to the issue which they grouped it into so
  836. it will be connected to the response as well.
  837. </p>
  838. <p class="indent">
  839. And thus, there are probably hundreds of people participating in
  840. checking the draft and trying to make sure it does the right thing.
  841. </p>
  842. <p id="q5-why-you">
  843. Q5: In the end of the process of deciding what modifications of the
  844. licence will be done there's one single person, that is you. Can you
  845. explain why this decision and you have not chosen to make some group?
  846. </p>
  847. <p class="indent">
  848. Stallman: I don't know other people who can do this.
  849. </p>
  850. <p class="indent">
  851. I hope that the process that's going on now will help develop
  852. people who can be part of some group activity but at the moment, I
  853. don't know anyone that I could delegate this to. Obviously I can't
  854. always forever be the person doing this, barring unforeseen advances in
  855. medical technology or AI and nanotechnology, which I certainly hope
  856. will come soon but they're not likely, but at this point, I think this
  857. is the right thing to do.
  858. </p>
  859. <p>
  860. Q5.2: Maybe it will change in the future.
  861. </p>
  862. <p class="indent">
  863. Stallman: I hope. We're going to have to replace me somehow, sooner
  864. or later.
  865. </p>
  866. <p>
  867. [applause]
  868. </p>
  869. <p>
  870. [2h 24m 30s]
  871. </p>
  872. <p id="q6-what-was-rejected">
  873. Q6: You told us about what GPLv3 will be, but what about the issues
  874. that are included, the suggestions that you refused. Can you give us
  875. some samples?
  876. </p>
  877. <p class="indent">
  878. Stallman: Well, when I decided that we had to do something to resist
  879. Digital Restrictions Management, the obvious way to do this would be
  880. restrictions on what kinds of jobs the program can be made to do, but
  881. I decided that that would be the wrong way to do it and so I thought
  882. hard and I came up with a way to achieve the job by directly
  883. protecting the freedom of each user without any restrictions about what
  884. technical job a version of the program can do.
  885. </p>
  886. <p class="indent">
  887. Another example of what we decided not to do was putting the Affero
  888. clause into the GNU GPL in some way.
  889. </p>
  890. <p class="indent">
  891. Another example of something we decided not to do, we decided not to
  892. put in very much in the way of patent retaliation clause and the
  893. reason is we have doubts about how effective those clauses really can be. We
  894. have doubts about whether our community actually has enough power that
  895. the threat of our retaliation would scare anyone.
  896. </p>
  897. <p class="indent">
  898. So, these are some examples of changes we decided not to do. Some for
  899. reasons of principle and some for practical reasons.
  900. </p>
  901. <p class="indent">
  902. So, thank you for your attention, and happy hacking.
  903. </p>
  904. <p>
  905. [applause]
  906. </p>
  907. <h2 id="links">Getting more information</h2>
  908. <ul>
  909. <li>FSFE: <a href="gplv3.html">FSF Europe's GPLv3 project page</a></li>
  910. <li>FSF: <a href="">The GPLv3 website</a></li>
  911. <li>FSF: <a href="">The current draft of GPLv3</a></li>
  912. <li><a href="fisl-rms-transcript.html">A transcript of Richard
  913. Stallman's talk from the 2nd international GPLv3 conference, April
  914. 21st</a></li>
  915. <li><a
  916. href="">A
  917. transcript of the opening session of the first international GPLv3
  918. conference</a> (Eben Moglen discusses the changes made to the
  919. license)</li>
  920. <li><a href="">A transcript of
  921. Richard Stallman's GPLv3 talk from FOSDEM 2006</a></li>
  922. <li>FSF: <a href="">The page
  923. on the official GPLv3 wiki listing transcripts and similar texts</a></li>
  924. </ul>
  925. </body>
  926. <timestamp>$Date$ $Author$</timestamp>
  927. </html>
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