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The GPL allows licensees to copy and distribute the source code:
Source code is defined as follows :
This is a broad definition and its intent is obviously to ensure that usable source code is available for licensed software. Deliberate obfuscation of the source code (as has been rumored to have been done by some GPL licensors) is potentially actionable as bad faith. The GPL then offers a curious special exception for software that is normally distributed with the operating system on which the Program runs:
The licensor of the operating system, and not the licensor of the Program, is the only one who can elect to publish his or her own source code. The GPL cannot possibly grant that permission or provide an exception relating to it. As was discussed at length in the previous section, the fact that software is merely distributed with the Program doesn't bring it under the GPL. This "special exception" is irrelevant if one accepts that only derivative works, and not collective works, are brought under the GPL. As one of the conditions for distributing a Program or a derivative work of the Program in object code form, the licensor must also commit to the following:
A licensor under the GPL is expected to distribute or make available the source code for software he or she writes . That is what items a) and b) of GPL section 3 require. But what is the licensor's obligation regarding the source code of GPL-licensed software that he or she merely distributes, perhaps as a component of a GPL-licensed collective or derivative work? Must the licensor undertake to distribute the source code to all the contributions of the entire collective work, including components he or she didn't write? Item c) would appear to solve this problem, but only for noncommercial distribution . I believe that, in practice, most distributors under the GPL provide source code for their entire collective works, not just the portions they themselves write, regardless of this limitation to noncommercial licensors. The GPL also gives licensors the option to distribute source code through the Internet, although it acknowledges that licensees are not compelled (i.e., they cannot be compelled) to accept the source code if they don't want it:
This provision relates only to software that is downloaded, and is needed only because items a c) of GPL section 3 relate to distribution on a physical medium. Almost all open source software is now distributed electronically on the Internet. A more modern open source license would probably condense these complex source code rules in the GPL into a few brief sentences to require that the licensor make source code available online. The GPL is thus consistent with the source code requirements of the Open Source Principles listed in Chapter 1. |
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