Text of the term
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(The "Coordinates" file the text refers to is available within the kernel source code.)
After thinking about it, I found that the GPLv3 is a rather good software license. However, there are some problems with regards to its conformity with French law. To solve them, I decided to distribute Manux under the GPLv3 with an additional term which adds it the required mentions. Of course, as the GPLv3 itself mentions it, you can remove it; however, in this case, it's naturally up to you to check this license's conformity to the applicable law.
As an aside, I've been quite (negatively) surprised by the issues I noticed in the quite simple problem of GPLv3/French law interaction, thus I've decided to be careful. And since there are hundreds of legal systems on Earth (taking into account federal states), I doubt there is none that considers that the term "standard" implies a guarantee from the person that regulates it. Thus, to cut short to any legal problems I could encounter due to this, I've decided to put the right to create standard distributions in the additional term. This means that, if you create a standard Manux distribution, AND you decide to sue me, you can only do so under French law, which doesn't admits such things.
Precisions regarding the conformity issues with French law
If you're interested by this, here are the conformity issues that I've noticed :
- The GPLv3 doesn't mentions the geographic extent of the rights it concedes. However, pursuant to article 131-3, paragraph 1, of the French Intellectual Property Code, the lack of this mention makes the entire license null and void :
The transmission of the rights of the author is subordinated to the condition that each of the made over rights be separately mentionned in the cession act and that the domain of exploitation of these rights be delimited as for its extent and its destination, as for its [geographic] area and as for its [temporal] length. ("La transmission des droits de l'auteur est subordonn?e ? la condition que chacun des droits c?d?s fasse l'objet d'une mention distincte dans l'acte de cession et que le domaine d'exploitation des droits c?d?s soit d?limit? quant ? son ?tendue et ? sa destination, quant au lieu et quant ? la dur?e.")
Due to this omission, the GPLv3 contains a nullity (in all likeliness only a relative one, which means only the author(s) of the software can raise it, but the fact remains). Sadly, the same problem can also be found in the GPLv2, 2-clause BSD, 3-clause BSD, Apache and MIT licenses. My additional term solves this issue by saying that the rights are conceded on a worldwide basis;
- The GPLv3 doesn't envisions the provision of the informations required by article 19 of the LCEN law. This second point isn't that bad, because, firstly, it isn't clear that the distribution of the software falls within the scope of article 14 of this law, and secondly, because even if this is the case, one can simply add them. This is what I did by indicating the coordinates required by the text (my first and last names, my address, my electonic address and my phone number) in a separate file.
(Upon reading what precedes, I guess my reader will have understood while I'm careful about interactions with unknown foreign laws...)
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