# LANGUAGE translation of https://www.gnu.org/licenses/gplv3-the-program.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: gplv3-the-program.html\n" "POT-Creation-Date: 2021-12-18 08:56+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "" "What Does “The Program” Mean in GPLv3? - GNU Project - Free " "Software Foundation" msgstr "" #. type: Content of: <div><h2> msgid "What Does “The Program” Mean in GPLv3?" msgstr "" #. type: Content of: <div><h3> msgid "Summary" msgstr "" #. type: Content of: <div><p> msgid "" "In version 3 of the GNU General Public License (GPLv3), the term ”the " "Program” means one particular work that is licensed under GPLv3 and is " "received by a particular licensee from an upstream licensor or distributor. " "The Program is the particular work of software that you received in a given " "instance of GPLv3 licensing, as you received it." msgstr "" #. type: Content of: <div><p> msgid "" "“The Program” cannot mean “all the works ever licensed " "under GPLv3”; that interpretation makes no sense, because “the " "Program” is singular: those many different programs do not constitute " "one program." msgstr "" #. type: Content of: <div><p> msgid "" "In particular, this applies to the clause in section 10, paragraph 3 of " "GPLv3 which states:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "[Y]ou may not initiate litigation (including a cross-claim or counterclaim " "in a lawsuit) alleging that any patent claim is infringed by making, using, " "selling, offering for sale, or importing the Program or any portion of it." msgstr "" #. type: Content of: <div><p> msgid "" "This is a condition that limits the ability of a GPLv3 licensee to bring a " "lawsuit accusing the particular GPLv3-covered software received by the " "licensee of patent infringement. It does not speak to the situation in " "which a party who is a licensee of GPLv3-covered program A, but not of " "unrelated GPLv3-covered program B, initiates litigation accusing program B " "of patent infringement. If the party is a licensee of both A and B, that " "party would potentially lose rights to B, but not to A." msgstr "" #. type: Content of: <div><p> msgid "" "Since software patents pose an unjust threat to all software developers, all " "software distributors, and all software users, we would abolish them if we " "could. Indeed, we campaign to do so. But we think it would have been " "self-defeating to make the license conditions for any one GPL-covered " "program go so far as to require a promise to never attack any GPL-covered " "program." msgstr "" #. type: Content of: <div><h3> msgid "Further analysis" msgstr "" #. type: Content of: <div><p> msgid "GPLv3 defines “the Program” as follows:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "“The Program” refers to any copyrightable work licensed under " "this License." msgstr "" #. type: Content of: <div><p> msgid "" "Some have contended that this definition can be read to mean all " "GPLv3-licensed works, rather than the one particular GPLv3-licensed work " "received by a licensee in a given licensing context. These readers have " "expressed particular concern about the consequences of such an " "interpretation for the new patent provisions of GPLv3, especially the patent " "termination condition found in the third paragraph of section 10 and the " "express patent license grant made by upstream contributors under the third " "paragraph of section 11. This overbroad reading of “the " "Program” is incorrect, and contrary to our intent as the drafters of " "GPLv3." msgstr "" #. type: Content of: <div><p> msgid "" "The word “any” is susceptible to multiple, subtly different " "shades of meaning in English. In some contexts, “any” means " "“every” or “all”; in others, including the " "definition of “the Program” in GPLv3, it suggests “one " "particular instance of, selected from many possibilities.” This " "variability has to be resolved by the context. This context resolves it, " "but it requires some thought." msgstr "" #. type: Content of: <div><p> msgid "" "We could have worded the definition of “the Program” " "differently, such as by using “a particular” instead of " "“any,” but that would not have eliminated the need for thought. " "The phrase “a particular work licensed under this License,” " "regarded in isolation, would not necessarily signify <em>the</em> particular " "work received by a particular “you” in a particular act of " "licensing or distribution. Our review of other free software licenses shows " "that they raise similar issues of interpretation, with words of general " "reference used in order to facilitate license reuse." msgstr "" #. type: Content of: <div><p> msgid "" "Given that no choice is so clear that all other candidate meanings must be " "rejected, “any” has certain advantages. It is a somewhat more " "informal and less legalistic usage than the possible alternatives, an " "appropriate register for the developers reading and applying the license. " "Moreover, the usage of “any,” through its suggestion of " "selection out of many qualifying possibilities, has the effect of " "emphasizing the reusability of GPLv3 for multiple works of software and in " "multiple licensing situations. The GNU GPL is intended to be used by many " "developers on their programs and that too needs to be clear." msgstr "" #. type: Content of: <div><p> msgid "" "The same use of “any” that has given rise to interpretive " "concerns under GPLv3 exists in GPLv2, in its corresponding definition. " "Section 0 of GPLv2 states:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "This License applies to any program or other work which contains a notice " "placed by the copyright holder saying it may be distributed under the terms " "of this General Public License. The “Program,” below, 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 …" msgstr "" #. type: Content of: <div><p> msgid "" "However, it has always been the understanding of the FSF and others in the " "GPL-using community that “the Program” in GPLv2 means the " "particular GPL-covered work that you receive, before you make any possible " "modifications to it. The definition of “the Program” in GPLv3 " "is intended to preserve this meaning." msgstr "" #. type: Content of: <div><p> msgid "" "We can find no clause in GPLv3 in which applying the suggested broad " "interpretation of “the Program” (and the superset term " "“covered work”) would make sense or have any practical " "significance, consistent with the wording of the clause and its drafting " "history. The patent provisions of GPLv3 are a case in point." msgstr "" #. type: Content of: <div><p> msgid "The third paragraph of section 11 states:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "Each contributor grants you a non-exclusive, worldwide, royalty-free patent " "license under the contributor's essential patent claims, to make, use, sell, " "offer for sale, import and otherwise run, modify and propagate the contents " "of its contributor version." msgstr "" #. type: Content of: <div><p> msgid "" "A “contributor” is defined as “a copyright holder who " "authorizes use under this License of the Program or a work on which the " "Program is based.”" msgstr "" #. type: Content of: <div><p> msgid "" "The broad reading of “the Program,” it has been suggested, gives " "rise to an unreasonably broad patent license grant. The reasoning is that, " "for a given GPLv3 licensee, the set of contributors granting patent licenses " "becomes all GPLv3 licensors of all GPLv3-covered works in the world, and not " "merely licensors of the specific work received by that licensee in a " "particular act of licensing." msgstr "" #. type: Content of: <div><p> msgid "" "Close attention to the wording of the patent license grant, however, shows " "that these concerns are unfounded. In order to exercise the permissions of " "the patent license grant, a GPLv3 licensee must have “the contents of " "[the contributor's] contributor version” in his possession. If he " "does, then he is necessarily a recipient of that material, licensed to him " "under GPLv3." msgstr "" #. type: Content of: <div><p> msgid "" "Therefore, contributors are always the actual copyright licensors of the " "material that is the subject of the patent license grant. The user " "benefiting from the patent license grant has ultimately received the " "material covered by the grant from those contributors. If it were " "otherwise, the patent license grant would be meaningless, because the " "exercise of its permissions is tied to the contributor's “contributor " "version.” The contributors and the section 11 patent licensee stand in " "a direct or indirect distribution relationship. Therefore, section 11, " "paragraph 3 does not require you to grant a patent license to anyone who is " "not also your copyright licensee. (Non-contributor redistributors remain " "subject to applicable implied patent license doctrine and to the special " "“automatic extension” provision of section 11, paragraph 6.)" msgstr "" #. type: Content of: <div><p> msgid "" "There is similarly no basis for the broad reading of “the " "Program” when one considers the patent-related clause in the third " "paragraph of section 10. This clause provides:" msgstr "" #. type: Content of: <div><p> msgid "" "Coupled with the patent license grant of section 11, paragraph 3, and the " "termination clause of section 8, this section 10 clause gives rise to a " "patent termination condition similar in scope to that contained in the " "Apache License version 2.0." msgstr "" #. type: Content of: <div><p> msgid "" "The FSF sympathizes with the intent of broad patent retaliation clauses in " "some free software licenses, since the abolition of software patents is " "greatly to be desired. However, we think that broad patent retaliation " "provisions in software licenses are unlikely to benefit the community, " "especially those clauses which can be triggered by patent litigation " "concerning other programs unrelated to the software whose license " "permissions are being terminated. We were very cautious in taking steps to " "incorporate patent retaliation into GPLv3, and the section 10, paragraph 3 " "clause is intended to be narrower than patent retaliation clauses in several " "other well-known licenses, notably the Mozilla Public License version 1.1, " "with respect to termination of patent licenses." msgstr "" #. type: Content of: <div><p> msgid "" "If the suggested interpretation of “the Program” applied to the " "section 10, paragraph 3 clause, the result would be a radical departure from " "our consistent past statements and policies concerning patent retaliation, " "which we clearly did not intend." msgstr "" #. type: Content of: <div><p> msgid "" "Other text in GPL version 3 shows the same policy. The patent litigation " "clause in section 10 was added to Draft 3 of GPLv3 as a replacement for part " "of the previous clause 7(b)(5) (in Draft 2). Clause 7(b)(5) permitted the " "placement of two categories of patent termination provisions on " "GPLv3-licensed works:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "terms that wholly or partially terminate, or allow termination of, " "permission for use of the material they cover, for a user who files a " "software patent lawsuit (that is, a lawsuit alleging that some software " "infringes a patent) not filed in retaliation or defense against the earlier " "filing of another software patent lawsuit, or in which the allegedly " "infringing software includes some of the covered material, possibly in " "combination with other software …" msgstr "" #. type: Content of: <div><p> msgid "" "Section 7 does not state the GPL's own policy; instead it says how far other " "compatible licenses can go. Thus, that text in section 7 would not have " "established broad patent retaliation; it only would have permitted combining " "GPL-covered code with other licenses that do such broad patent retaliation." msgstr "" #. type: Content of: <div><p> msgid "" "Nonetheless, as explained in the Rationale for Draft 3, such broad " "retaliation was criticized because it could apply to software patent " "lawsuits in which the accused software was unrelated to the software that " "was the subject of the license. Seeing that there were no widely used " "licenses with which this would provide compatibility, in Draft 3 we dropped " "broad patent retaliation from the range of GPL compatibility." msgstr "" #. type: Content of: <div><p> msgid "" "We did so by replacing 7(b)(5) with text in section 10, in which we kept " "only what corresponded to the second category. The first category therefore " "reverted to being a GPL-incompatible “further restriction” in " "Draft 3, and likewise in GPL version 3 as actually published." msgstr "" #. type: Content of: <div><p> msgid "<a href=\"/licenses/gpl-faq.html\">Return to the FAQ</a>" msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:licensing@gnu.org\"><licensing@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. We work hard and do our best to provide accurate, good quality #. translations. However, we are not exempt from imperfection. #. Please send your comments and general suggestions in this regard #. to <a href="mailto:web-translators@gnu.org"> # #. <web-translators@gnu.org></a>.</p> # #. <p>For information on coordinating and contributing translations of #. our web pages, see <a #. href="/server/standards/README.translations.html">Translations #. README</a>. #. type: Content of: <div><div><p> msgid "" "Please see the <a " "href=\"/server/standards/README.translations.html\">Translations README</a> " "for information on coordinating and contributing translations of this " "article." msgstr "" #. type: Content of: <div><p> msgid "Copyright © 2007, 2021 Free Software Foundation, Inc." msgstr "" #. type: Content of: <div><p> msgid "" "This page is licensed under a <a rel=\"license\" " "href=\"http://creativecommons.org/licenses/by-nd/4.0/\">Creative Commons " "Attribution-NoDerivatives 4.0 International License</a>." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits. #. type: Content of: <div><div> msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*" msgstr "" #. timestamp start #. type: Content of: <div><p> msgid "Updated:" msgstr ""