GNU GPL Version 3 first draft released

Posted 16 Jan 2006 at 20:21 UTC by atai Share This

The Free Software Foundation has released the first draft of Version 3 of the GNU General Public License.

From the FSF via the gplv3 mailing list:
The first discussion draft of the GNU General Public License Version 3 has been released.

The new draft and web resources are available at <>. We welcome your comments on the wording of the new version at <>.

GNU GENERAL PUBLIC LICENSE Draft 1 of Version 3, 16 Jan 2006


Copyright (C) 2006 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.


The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU 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. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other program whose authors commit to using it. (Some Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or 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.

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The precise terms and conditions for copying, distribution and modification follow.


0. Definitions.

A "licensed program" means any program or other work distributed under this License. The "Program" refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either modified or unmodified. Throughout this license, the term "modification" includes, without limitation, translation and extension. A "covered work" means either the Program or any work based on the Program. Each licensee is addressed as "you".

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All rights granted under this license are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the Program. The output from running it is covered by this License only if the output, given its content, constitutes a work based on the Program. This License acknowledges your rights of "fair use" or other equivalent, as provided by copyright law.

This License gives unlimited permission to privately modify and run the Program, provided you do not bring suit for patent infringement against anyone for making, using or distributing their own works based on the Program.

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4.[1] Verbatim Copying.

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 all license notices and notices of the absence of any warranty; give all recipients of the Program a copy of this License along with the Program; and obey any additional terms present on parts of the Program in accord with section 7.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection for a fee.

5.[2] Distributing Modified Source Versions.

Having modified a copy of the Program under the conditions of section 2, thus forming a work based on the Program, you may copy and distribute such modifications or work in the form of source code under the terms of Section 4 above, provided that you also meet all of these conditions:

a) The modified work must carry prominent notices stating that you changed the work and the date of any change.

b) You must license the entire work based on the Program, as a whole, under this License to anyone who comes into possession of a copy. This License must apply, unmodified except as permitted by section 7 below, to the whole of the work. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.

c) If the modified program has interactive user interfaces, each must include a convenient feature that displays an appropriate copyright notice, and tells the user that there is no warranty for the program (or that you provide a warranty), that users may redistribute the program under these conditions, and how to view a copy of this License, plus the central list (if any) of other terms in accord with section 7. If the interface presents a list of user commands or options, such as a menu, a command to display this information must be prominent in the list. Otherwise, the modified program must display this information at startup--except in the case that the Program has such such interactive modes and does not display this information at startup.

These requirements apply to the modified work as a whole. If identifiable sections of that work, added by you, are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works for use not in combination with the Program. But when you distribute the same sections for use in combination with covered works, no matter in what form such combination occurs, the whole of the combination must be licensed under this License, whose permissions for other licensees extend to the entire whole, and thus to every part of the whole. Your sections may carry other terms as part of this combination in limited ways, described in section 7.

Thus, it is not the intent of this sets to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

A compilation of a covered work with other separate and independent documents or works, which are not by their nature extensions of the covered work, in or on a volume of a storage or distribution medium, is called an "aggregate" if the copyright resulting from the compilation is not used to limit the legal rights of the compilation's users beyond what the individual works permit. Mere inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

6.[3] Non-Source Distribution.

You may copy and distribute a covered work in Object Code form under the terms of Sections 4 and 5, provided that you also distribute the machine-readable Complete Corresponding Source Code (herein the "Corresponding Source") under the terms of this License, in one of these ways:

a) Distribute the Object Code in a physical product (including a physical distribution medium), accompanied by the Corresponding Source distributed on a durable physical medium customarily used for software interchange; or,

b) Distribute the Object Code in a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give any third party, for a price no more than ten times your cost of physically performing source distribution, a copy of the Corresponding Source, on a durable physical medium customarily used for software interchange; or,

c) Privately distribute the Object Code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only for occasional noncommercial distribution, and only if you received the Object Code with such an offer, in accord with Subsection b above. Or,

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The Corresponding Source may include portions which do not formally state this License as their license, but qualify under section 7 for inclusion in a work under this License.

7. License Compatibility.

When you release a work based on the Program, you may include your own terms covering added parts for which you have, or can give, appropriate copyright permission, as long as those terms clearly permit all the activities that this License permits, or permit usage or relicensing under this License. Your terms may be written separately or may be this License plus additional written permission. If you so license your own added parts, those parts may be used separately under your terms, but the entire work remains under this License. Those who copy the work, or works based on it, must preserve your terms just as they must preserve this License, as long as any substantial portion of the parts they apply to are present.

Aside from additional permissions, your terms may add limited kinds of additillows:

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b) They may state a disclaimer of warranty and liability in terms different from those used in this License.

c) They may prohibit or limit the use for publicity purposes of specifi= ed names of contributors, and it may require that certain specified trademarks be used for publicity purposes only in the ways that are fair use under trademark law except with express permission.

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No other additional conditions are permitted in your terms; therefore, no other conditions can be present on any work that uses this License. This License does not attempt to enforce your terms, or assert that they are valid or enforceable by you; it simply does not prohibit you from employing them.

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8.[4] Termination.

You may not propagate, modify or sublicense the Program except as expressly provided under this License. Any attempt otherwise to propagate, modify or sublicense the Program is void, and any copyright holder may terminate your rights under this License at any time after having notified you of the violation by any reasonable means within 60 days. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as they remain in full compliance.

9.[5] Not a Contract. =20=20=20=20=20 You are not required to accept this License in order to receive a copy of the Program. However, nothing else grants you permission to propagate or modify the Program or any covered works. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating the Program (or any covered work), you indicate your acceptance of this License to do so, and all its terms and conditions.

10.[7] Automatic Licensing of Downstream Users.

Each time you redistribute a covered work, the recipient automatically receives a license from the original licensors, to propagate and modify that work, subject to this License, including any additional terms introduced throughon 7. You may not impose any further restrictions on the recipients' exercise of the rights thus granted or affirmed, except (when modifying the work) in the limited ways permitted by section 7. You are not responsible for enforcing compliance by third parties to this License.

11. Licensing of Patents.

When you distribute a covered work, you grant a patent license to the recipient, and to anyone that receives any version of the work, permitting, for any and all versions of the covered work, all activities allowed or contemplated by this license, such as installing, running and distributing versions of the work, and using their output. This patent license is nonexclusive, royalty-free and worldwide, and covers all patent claims you control or have the right to sublicense, at the time you distribute the covered work or in the future, that would be infringed or violated by the covered work or any reasonably contemplated use of the covered work.

If you distribute a covered work knowingly relying on a patent license, you must act to shield downstream users against the possible patent infringement claims from which your license protects you.

12.[7] Liberty or Death for the Program.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute the Program, or other covered work, so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute it at all. For example, if a patent license would not permit royalty-free redistribution by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution.

It is not the purpose of this section to induce you to infringe any patents or other exclusive rights or to contest their legal validity. The sole purpose of this section is to protect the integrity of the free software distribution system. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

[13.[8] Geographical Limitations.

If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.]

14.[9] Revised Versions of this License.

The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

15.[10] Requesting Exceptions.

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 goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.


16.[11] There is no warranty for the Program, 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 correction.

17.[12] In no event unless required by applicable law or agreed to in wri= ting will any copyright holder, or any other party who may modify and/or 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 you or 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.

18. Unless specifically stated, this software has not been tested for use in safety critical systems.


How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

<one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <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 as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

Also add information on how to contact you by electronic and paper mail.

If the program does terminal interaction, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w= '. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; for a GUI interface, you would use an "About box" instead.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989 Ty Coon, President ofollow the GNU GPL, see

The GNU General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License.
Info-gplv3 mailing list

Copy'n'paste errors, posted 23 Jan 2006 at 12:52 UTC by redi » (Master)

Thanks for posting the link, atai.

There are a few errors in the text above, I suggest reading the original at to save yourself wondering what happened to section 3 and what Thus, it is not the intent of this sets to work written entirely by you means.

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