diff --git a/GPLv2-AI-Exception.md b/GPLv2-AI-Exception.md index 7787d8bb9..885ad1505 100644 --- a/GPLv2-AI-Exception.md +++ b/GPLv2-AI-Exception.md @@ -1,63 +1,186 @@ -# GPLv2-AI Exception +GPLv2-AI Exception -Version 1.0 +Version 2.0 -These supplemental terms apply to the Licensed Work and are incorporated by reference into the License governing the Licensed Work. +These supplemental terms supplement the GNU General Public License Version 2 ("GPLv2") applicable to the Licensed Work. -## 1. Purpose +The purpose of these terms is to preserve the copyleft status of the Licensed Work against attempts to reproduce, replace, or substantially replicate the Licensed Work through artificial intelligence, machine learning, automated code-generation systems, or similar technologies, while expressly permitting software applications to be developed and used with the Licensed Work without those applications becoming subject to GPLv2 solely because the Licensed Work was used to create them. -The purpose of these supplemental terms is to preserve the copyleft intent of the GNU General Public License Version 2 in circumstances where automated systems, machine learning systems, artificial intelligence systems, code generation systems, or similar technologies are used to analyze, transform, learn from, translate, modify, or generate software based upon the Licensed Work. +1. Definitions +1.1 Licensed Work -## 2. Definitions +"Licensed Work" means the software, source code, documentation, and other materials distributed under GPLv2 together with these supplemental terms. -### 2.1 Licensed Work +1.2 Automated System -"Licensed Work" means the software, source code, documentation, and related materials distributed under GPLv2 and accompanied by these supplemental terms. +"Automated System" means any software, service, artificial intelligence system, machine learning system, neural network, code-generation system, source-transformation system, or similar technology capable of analyzing, transforming, generating, or otherwise producing software or other technical works. -### 2.2 Automated System +1.3 Application -"Automated System" means any software, service, model, machine learning system, artificial intelligence system, neural network, code generation system, source transformation system, or similar technology capable of producing software, source code, object code, documentation, designs, specifications, or other technical works. +"Application" means software created by a person using the Licensed Work as a development tool, framework, library, runtime, build system, platform, or other development resource, where the resulting software is intended to provide functionality or services distinct from the Licensed Work itself. -### 2.3 AI-Derived Work +1.4 AI Clone -"AI-Derived Work" means any software, source code, object code, documentation, design, specification, or other technical work that is produced, in whole or in part, through the use of an Automated System that has: +"AI Clone" means a software work that is generated, substantially generated, or substantially developed through use of an Automated System where the Licensed Work, its source code, or a substantial portion of its source code has been supplied to, made available to, retrieved by, or otherwise used by the Automated System, and where the resulting work is intended to reproduce, replace, emulate, or substantially replicate the Licensed Work as a software product, development tool, framework, library, platform, or substantially equivalent implementation. -a. analyzed the Licensed Work; +An AI Clone includes a work whose principal purpose or substantial effect is to provide a substantially equivalent substitute for the Licensed Work. -b. been trained on the Licensed Work; +1.5 Modified Work -c. received the Licensed Work as input; +"Modified Work" has the meaning given to that term by GPLv2. For purposes of these supplemental terms, an AI Clone is expressly treated as a Modified Work. -d. received excerpts, summaries, embeddings, representations, transformations, or translations of the Licensed Work as input; or +2. Applications Built Using the Licensed Work -e. generated output based upon any of the foregoing. +Use of the Licensed Work to create an Application does not, by itself, cause that Application to be a Modified Work or an AI-Derived Work. -## 3. Copyleft Extension +In particular, an Application is not subject to GPLv2 solely because: -Any AI-Derived Work shall be deemed a Modified Work for purposes of the License. +a. the Application was created using the Licensed Work as a development tool, framework, library, runtime, build system, or platform; -Any person distributing an AI-Derived Work must comply with all obligations applicable to Modified Works under GPLv2, including but not limited to source code availability, preservation of notices, and licensing of the AI-Derived Work under GPLv2 and these supplemental terms. +b. the Application uses interfaces, APIs, configuration mechanisms, or other documented functionality provided by the Licensed Work; -## 4. Training and Model Use +c. the Application was generated, assisted, tested, debugged, documented, or otherwise developed with the assistance of an Automated System that was used in connection with the Licensed Work; or -The Licensed Work may be used for training, fine-tuning, evaluation, prompting, retrieval, context injection, embedding generation, source translation, code generation, or similar machine-assisted activities only if all resulting AI-Derived Works that are distributed are licensed under GPLv2 together with these supplemental terms. +d. the Licensed Work was used during the ordinary development, testing, deployment, or operation of the Application. -## 5. Prohibition on Copyleft Avoidance +This section does not grant permission to incorporate copyrightable portions of the Licensed Work into an Application where such incorporation would otherwise cause the Application to be a Modified Work under GPLv2. -No person may use an Automated System to avoid, circumvent, weaken, or evade the copyleft obligations that would otherwise apply to a Modified Work under GPLv2. +3. AI-Assisted Development of Applications -The use of an Automated System shall not alter, reduce, or eliminate obligations arising under the License. +The use of an Automated System to assist in developing an Application does not, solely for that reason, cause the Application to be a Modified Work. -## 6. Source Availability +For example, a person may use an Automated System to: -When distributing an AI-Derived Work, the distributor shall make available the complete corresponding source code of the AI-Derived Work to the same extent required by GPLv2 for Modified Works. +write application code that uses the Licensed Work; -## 7. No Limitation on Independent Development +generate application code based on documented APIs or interfaces; -These supplemental terms do not restrict the creation or distribution of software developed independently of the Licensed Work and without use of the Licensed Work as input, training material, reference material, transformation source, or generation source for an Automated System. +explain the operation or functionality of the Licensed Work; -## 8. Preservation of GPLv2 +generate configuration for the Licensed Work; -Except as expressly supplemented herein, all terms and conditions of GPLv2 remain in full force and effect. +debug an Application that uses the Licensed Work; -If any provision of these supplemental terms is held unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law. +generate documentation for an Application; or + +otherwise assist in developing an Application using the Licensed Work. + +Nothing in these supplemental terms is intended to impose GPLv2 obligations on an Application merely because an Automated System was used during its development. + +4. AI-Based Reproduction of the Licensed Work + +Notwithstanding Sections 2 and 3, a person may not use an Automated System to circumvent, avoid, or materially reduce the copyleft obligations of GPLv2 by using the Licensed Work as a source for creating a substantially equivalent replacement for the Licensed Work. + +Where the Licensed Work or a substantial portion of its source code is supplied to, retrieved by, or otherwise made available to an Automated System for the purpose of creating a substantially equivalent replacement, the resulting software is an AI Clone and is treated as a Modified Work. + +An AI Clone includes, without limitation, software generated through instructions such as: + +reproducing the Licensed Work; + +rewriting the Licensed Work; + +porting the Licensed Work to another programming language; + +recreating the Licensed Work from its source code; + +generating a functionally equivalent implementation from the Licensed Work's source code; + +creating a replacement or alternative implementation of the Licensed Work based substantially upon its source code; or + +otherwise using an Automated System to reproduce or substantially replicate the Licensed Work while attempting to avoid the GPLv2 obligations applicable to a Modified Work. + +5. Source Code and Other Representations + +For purposes of determining whether software is an AI Clone, the Licensed Work includes its source code and substantial representations of that source code. + +Such representations may include, where they materially convey or encode the source code or its expressive implementation: + +a. substantial excerpts; + +b. source-code translations; + +c. transformations of source code; + +d. machine-readable representations; + +e. embeddings or other representations generated from source code; and + +f. summaries or other derived representations that are used as a substantial source for reproducing the implementation of the Licensed Work. + +The mere use of general ideas, concepts, algorithms, programming techniques, publicly documented interfaces, or functionality embodied by the Licensed Work does not, by itself, make software an AI Clone. + +6. Independent Development + +Nothing in these supplemental terms restricts the independent development of software that does not use the Licensed Work or a substantial portion of its source code as a source for reproduction. + +Software is not an AI Clone merely because it: + +a. provides similar functionality; + +b. competes with the Licensed Work; + +c. implements similar ideas, concepts, algorithms, or techniques; + +d. implements a publicly documented interface; + +e. was developed independently without using the Licensed Work as a source for reproduction; or + +f. was created using an Automated System that did not receive the Licensed Work, a substantial portion of its source code, or a substantial representation of its source code as a source for generating the implementation. + +7. Training and Machine Learning + +The Licensed Work may be used as training, evaluation, retrieval, prompting, fine-tuning, or other input material for an Automated System. + +However, where the resulting software constitutes an AI Clone under Section 4, that software is a Modified Work and is subject to GPLv2 and these supplemental terms. + +These supplemental terms do not, by themselves, require an Automated System, machine learning model, model weights, or other general-purpose technology to be licensed under GPLv2 merely because it has been trained, evaluated, or otherwise exposed to the Licensed Work. + +8. Distribution of AI Clones + +Any person who distributes an AI Clone must comply with all obligations applicable to a Modified Work under GPLv2. + +In particular, the distributor must: + +a. license the AI Clone under GPLv2; + +b. preserve applicable copyright notices and notices concerning the absence of warranty; + +c. provide recipients with a copy of GPLv2 and these supplemental terms; + +d. provide the corresponding source code required by GPLv2; and + +e. prominently identify material modifications where required by GPLv2. + +An AI Clone may not be distributed under terms that impose additional restrictions inconsistent with GPLv2. + +9. No Circumvention + +No person may use an Automated System, machine learning system, source transformation system, or similar technology for the purpose of circumventing, avoiding, weakening, or evading the copyleft obligations that would otherwise apply to a Modified Work under GPLv2. + +The use of an Automated System does not, by itself, change the licensing obligations applicable to a work that would otherwise constitute a Modified Work. + +10. No Expansion of Copyleft to Applications + +Nothing in these supplemental terms shall be interpreted to impose GPLv2 obligations on an Application solely because the Application was created using, interacts with, communicates with, or is developed with assistance from the Licensed Work. + +The purpose of these supplemental terms is to prevent the creation and distribution of AI Clones of the Licensed Work, not to impose GPLv2 obligations on independent Applications created using the Licensed Work. + +Where an Application contains copyrightable portions of the Licensed Work such that it constitutes a Modified Work under GPLv2 independently of these supplemental terms, GPLv2 applies to those portions and to the resulting Modified Work as provided by GPLv2. + +11. Relationship to GPLv2 + +Except as expressly supplemented by these terms, all terms and conditions of GPLv2 remain in full force and effect. + +If a provision of these supplemental terms conflicts with a mandatory provision of GPLv2, the GPLv2 provision controls to the extent of the conflict. + +Nothing in these supplemental terms is intended to restrict any right expressly granted by GPLv2 or to impose obligations on software that is not a Modified Work under GPLv2, except for the specific treatment of AI Clones provided in these supplemental terms. + +12. Severability + +If any provision of these supplemental terms is held to be invalid, unenforceable, or inapplicable under applicable law, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect. + +13. Interpretation + +These supplemental terms shall be interpreted consistently with the purposes of GPLv2 and with the objective of preventing the use of automated systems as a means of circumventing GPLv2's copyleft requirements while preserving the freedom to develop independent software applications using the Licensed Work. + +Nothing in these supplemental terms shall be interpreted to prohibit independent competition, independent development, or the implementation of ideas, concepts, algorithms, techniques, or publicly documented interfaces merely because they are similar to those embodied in the Licensed Work.