CVSROOT: /web/www
Module name: www
Changes by: Brett Smith <brett> 10/07/28 14:32:00
Modified files:
licenses : gpl-faq.html
Log message:
add Q&A about export warranties in distro EULAs -- written by Eben
CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/licenses/gpl-faq.html?cvsroot=www&r1=1.151&r2=1.152
Patches:
Index: gpl-faq.html
===================================================================
RCS file: /web/www/www/licenses/gpl-faq.html,v
retrieving revision 1.151
retrieving revision 1.152
diff -u -b -r1.151 -r1.152
--- gpl-faq.html 3 Jul 2010 00:43:22 -0000 1.151
+++ gpl-faq.html 28 Jul 2010 14:31:57 -0000 1.152
@@ -384,6 +384,11 @@
software with some sort of installation software. Does that
installer need to have a GPL-compatible license?</a></li>
+ <li><a href="#ExportWarranties">Does a distributor violate the GPL
+ if they require me to “represent and warrant” that I
+ am located in the US, or that I intend to distribute the software
+ in compliance with relevant export control laws?</a></li>
+
<li><a href="#v3Under4and5">The beginning of GPLv3 section 6 says
that I can convey a covered work in object code form “under
the terms of sections 4 and 5” provided I also meet the
@@ -2549,6 +2554,48 @@
result, the terms of the GPL do not apply to the installation software.</p>
</dd>
+<dt><b><a name="ExportWarranties">Some distributors of GPL'd software
+require me in their umbrella EULAs or as part of their downloading
+process to “represent and warrant” that I am located in
+the US or that I intend to distribute the software in compliance with
+relevant export control laws. Why are they doing this and is it a
+violation of those distributors' obligations under GPL?</a></b></dt>
+
+<dd><p>This is not a violation of the GPL. Those distributors (almost
+all of whom are commercial businesses selling free software
+distributions and related services) are trying to reduce their own
+legal risks, not to control your behavior. Export control law in the
+United States <em>might</em> make them liable if they knowingly export
+software into certain countries, or if they give software to parties
+they know will make such exports. By asking for these statements from
+their customers and others to whom they distribute software, they
+protect themselves in the event they are later asked by regulatory
+authorities what they knew about where software they distributed was
+going to wind up. They are not restricting what you can do with the
+software, only preventing themselves from being blamed with respect to
+anything you do. Because they are not placing additional restrictions
+on the software, they do not violate section 10 of GPLv3 or section 6
+of GPLv2.</p>
+
+<p>The FSF opposes the application of US export control laws to free
+software. Not only are such laws incompatible with the general
+objective of software freedom, they achieve no reasonable governmental
+purpose, because free software is currently and should always be
+available from parties in almost every country, including countries
+that have no export control laws and which do not participate in
+US-led trade embargoes. Therefore, no country's government is
+actually deprived of free software by US export control laws, while no
+country's citizens <em>should</em> be deprived of free software,
+regardless of their governments' policies, as far as we are concerned.
+Copies of all GPL-licensed software published by the FSF can be
+obtained from us without making any representation about where you
+live or what you intend to do. At the same time, the FSF understands
+the desire of commercial distributors located in the US to comply with
+US laws. They have a right to choose to whom they distribute
+particular copies of free software; exercise of that right does not
+violate GPL unless they add contractual restrictions beyond those
+permitted by GPL.</p></dd>
+
<dt><b><a name="SubscriptionFee">Can I use
GPLed software on a device that will stop operating if customers do
not continue paying a subscription fee?</a></b></dt>
@@ -3355,7 +3402,7 @@
<p>
Updated:
<!-- timestamp start -->
-$Date: 2010/07/03 00:43:22 $
+$Date: 2010/07/28 14:31:57 $
<!-- timestamp end -->
</p>
</div>
