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- Newsgroups: gnu.misc.discuss
- Path: sparky!uunet!pipex!ibmpcug!jshark!joe
- From: joe@jshark.inet-uk.co.uk (Joe Sharkey)
- Subject: Re: What the GPL actually means
- Organization: Independent Network (UK)
- Date: Thu, 7 Jan 1993 00:36:26 GMT
- Message-ID: <C0GKCr.CM8@jshark.inet-uk.co.uk>
- References: <1993Jan3.213759.18973@husc3.harvard.edu> <C0BEFv.BJr@news.udel.edu> <PCG.93Jan6174715@decb.aber.ac.uk>
- Lines: 154
-
- In article <PCG.93Jan6174715@decb.aber.ac.uk> pcg@aber.ac.uk (Piercarlo Grandi) writes:
- >johnston> of the source for your program, yes, you are obligated to
- >johnston> release all your source under the GPL.
- >
- >No, this is not required at all. For the mere incorporation of GNU sw
- >into one's own there are no conditions whatsoever.
-
- You don't need to tell anyone you have it, but that isn't the point.
-
- >The GPL moreover specifies that only that third party has a right to get
- >a copy of the sources alongside their binaries, and may then redistribute
- >copies of those sources further.
-
- Oh no it doesn't.... "all third parties"
-
- [[ This is from one of the earliest FSF Licences... ]]
-
- % b) cause the whole of any work that you distribute or publish,
- % that in whole or in part contains or is a derivative of this
- % program or any part thereof, to be licensed at no charge to all
- ^^^
- % third parties on terms identical to those contained in this
- % License Agreement (except that you may choose to grant more extensive
- % warranty protection to some or all third parties, at your option).
- .....
- % 3. You may copy and distribute this program (or a portion or derivative
- %of it, under Paragraph 2) in object code or executable form under the terms
- %of Paragraphs 1 and 2 above provided that you also do one of the following:
-
- % b) accompany it with a written offer, valid for at least three
- % years, to give any third party free (except for a nominal
- ^^^
- % shipping charge) a complete machine-readable copy of the
- % corresponding source code, to be distributed under the terms of
- % Paragraphs 1 and 2 above; or,
-
- >Note also that there is *no* condition imposed on the redistribution of
- >the binaries themselves; these may or may not be covered by the GPL. In
- >other words, the binaries can be totally proprietary.
-
- Untrue.
-
- >If you use GPL covered sources for in-house projects there is *no need*
- >to release anything. The use of GPL covered sources, when they are not
- >redistributed to anybody else, is not subject to *any* condition.
-
- True in a meaningless sort of way.
-
- But, if someone *does* get hold of a copy of your program...
-
- >What the GPL actually says
- >==========================
- >
- >Let me repeat this again, as it apparently virtually nobody understands
- >these subtleties:
- >
- >the GPL states the condition that you can give copies of GPL covered
- >sources, or their binaries, to third parties, all the sources
- >involved in which they are must be covered by the GPL.
- >
- >* No conditions apply if you don't give anything to third parties.
- ^^^^^^^^^^^^^
-
- Wrong.
-
- >* No conditions apply on the binaries.
-
- Wrong.
-
- >* Nobody but the third party to which the binaries are given has
- > a right to get the sources from you, and then only if they
- > actually request them (but they must be informed in writing they
- > have this right).
-
- Wrong.
-
- >* You can sell the binaries under any conditions you want, for any
- > price you deem fit.
-
- This is OK!
-
- >* You can impose penalties, like withdrawal of warranty on the
- > binaries, if the third party actually demands the sources (but
- > the penalties cannot be excessive, like a fine).
-
- Wrong.
-
- >* If you distribute the sources alone, you can ask any price for the
- > service of supplying them; if you distribute the sources after the
- > request of somebody who got your binaries you can only ask for
- > reimbursment of expenses incurred.
-
- Wrong! You can ask for any reasonable expenses -- including, as far as I
- can see, emplying someone at 100k/hour to do a one-off copy just for them.
-
- >Examples
- >========
- >
- >1) You are a large bank. You use GNU LIB C++ to develop a financial
- >application that is considered confidential and proprietary to the bank
- >and no copies are given to other parties.
- >
- >-> You have no obligations whatsoever under the GPL.
-
- You do. (Possibly the "library" version")
-
- >2) You are a software developer. You build a JOVIAL compiler based on the
- >GNU CC back end. You sell for $10,000 binaries of the compiler carrying
- >your own copyright. With the binaries you give two years of maintenance
- >and updates, a written offer to supply the sources of the whole compiler
- >for reimbursment of the costs involved (media, personnel time,
- >overheads), and a clause that the binaries must be deleted and the
- >warranty expires as soon as the offer to get the sources is exercised.
- >
- >-> The binaries cannot be copied by the customer. If customers ask
- > for the sources, they are on their own. They must recompile the
- > sources and provide their own maintenance and support. They may
- > then redistribute either as they see fit.
-
- Wrong.
-
- >3) You are a source repository. You have a compilation of GNU sw.
- >you are asked for a copy of the compilation.
- >
- >-> You are under no obligation to supply that copy. If you do, you can
- > ask any price for the service of supplying it. Once supplied, the
- > same compilation can be redistributed under the GPL without
- > restrictions.
-
- "Mere aggregation does not..." etc
-
- >Comments
- >========
- >
- >1) You can make any use whatsoever of GNU sw, if it is for own use.
-
- You cannot. *In case* it somehow leaks out...
-
- >2) If you provide poor maintenance and support for JOVIAL compiler, or if
- ... and more "not so's" deleted...
-
- >Basically Stallman thinks that work should be rewarded, not absentee
- >landlordship.
-
- There's very little in the way of "thank you" to the person who provided
- the basis for gcc... (Davidson, I think, who devised RTL around 1980)
-
- >Piercarlo Grandi, Dept of CS, PC/UW@Aberystwyth <pcg@aber.ac.uk>
-
- joe.
- --
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