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- From: arromdee@jyusenkyou.cs.jhu.edu (Ken Arromdee)
- Subject: Re: Fund raising at the FSF
- Message-ID: <1993Jan8.212126.21379@blaze.cs.jhu.edu>
- Sender: news@blaze.cs.jhu.edu (Usenet news system)
- Organization: Johns Hopkins University CS Dept.
- References: <1993Jan7.123025.19069@husc3.harvard.edu> <MIB.93Jan7152945@geech.gnu.ai.mit.edu> <1993Jan7.202709.19083@husc3.harvard.edu>
- Date: Fri, 8 Jan 1993 21:21:26 GMT
- Lines: 46
-
- In article <1993Jan7.202709.19083@husc3.harvard.edu> zeleny@husc10.harvard.edu (Michael Zeleny) writes:
- >>A copy of software released under the GPL maintains its original
- >>copyright. If you write something, and release it under the GPL, then
- >>*that* *copy* is bound by the GPL. But, as the copyright owner, you
- >>are free to release other copies under other terms, as you see fit.
- >You are contradicting yourself. A copyright is a temporary, exclusive
- >legal right, which entitles its owner to produce, publish, and sell
- >copies of his original work. As such, copyright attaches to the work,
- >and not to any specific copy thereof. The GPL expressly restricts all
- >forms of copying, modification, sublicensing, distribution, or transfer
- >of any code licensed under it, including, in virtue of its infamous
- >"virus infection" provision, any program which contains GNU or its part,
- >with or without modifications. In other words, the GPL supersedes any
- >residual rights of the copyright owner under its own terms. It is
- >ridiculous to suggest that only a particular copy of the work is so
- >bound, for licensing, tike copyright, applies to the text type, rather
- >than any of its instantiated tokens.
-
- There's another question here: Suppose I write program A, with subroutine S in
- it. I also write program B, also with subroutine S in it. I don't release B
- at all, but either I put A under the GPL, or I release A into PD and someone
- else puts A under the GPL.
-
- Subroutine S is now in a GPL program. Furthermore, subroutine S "infects"
- other code; anything with a copy of S in it is _also_ under the GPL.
-
- Now, I want to release B commercially. But a rival company somehow manages to
- find out that B contains S. They then tell me "B has a subroutine in it
- which was obviously taken from GPL program A. Therefore, B is "infected" and
- falls under the GPL, so I can legally copy program B."
-
- But wait, I protest. I didn't get S from a GPL program. I already had S, in a
- non-GPL version. Unfortunately, the version of S which is GPL'ed is identical,
- byte for byte, with the version of S which is not. It's not even clear that
- it's _meaningful_ to say that I used one version instead of the other. So
- I'm stuck. The other company can pirate all they want.
-
- Is this correct? And if so, is this outcome FSF's intent?
- --
- "On the first day after Christmas my truelove served to me... Leftover Turkey!
- On the second day after Christmas my truelove served to me... Turkey Casserole
- that she made from Leftover Turkey.
- [days 3-4 deleted] ... Flaming Turkey Wings! ...
- -- Pizza Hut commercial (and M*tlu/A*gic bait)
-
- Ken Arromdee (arromdee@jyusenkyou.cs.jhu.edu, arromdee@jhunix.hcf.jhu.edu)
-