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- Path: sparky!uunet!think.com!barmar
- From: barmar@think.com (Barry Margolin)
- Newsgroups: gnu.misc.discuss
- Subject: Re: Fund raising at the FSF
- Date: 11 Jan 1993 21:23:39 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 52
- Message-ID: <1isogrINN3k3@early-bird.think.com>
- References: <1993Jan8.212126.21379@blaze.cs.jhu.edu> <726553525snx@crynwr.com> <1993Jan9.211106.22282@blaze.cs.jhu.edu>
- NNTP-Posting-Host: telecaster.think.com
-
- In article <1993Jan9.211106.22282@blaze.cs.jhu.edu> arromdee@jyusenkyou.cs.jhu.edu (Ken Arromdee) writes:
- >So suppose a slightly different scenario. I wrote two programs, A and B,
- >both of which have subroutine S in them. Somehow A goes under the GPL,
- >perhaps because I decided to put it under GPL, perhaps because I made it PD
- >and someone else decided to put it under the GPL.
- >
- >I now decide to write C, which also uses subroutine S. If I take S from A,
- >C is infected with the GPL. If I take S from B, C is not.
-
- Right.
-
- >Yet the two copies of S are still identical, byte for byte. I'm stuck; any
- >third party can say "oh, you just took S from the GPL program. So C falls
- >under the GPL, so I can copy C". Can _this_ happen and is _this_ intended?
-
- Just because he thinks it came from the GPL program doesn't make it so.
-
- I don't think someone receiving C can sue you over this, as there is no
- contract between you and he that says anything about source availability.
- I think that only the parties to a contract can sue over contract
- violation. So this third party would have to contact the originator of the
- code and convince him that you violated his license to you.
-
- >How could I possibly prove otherwise?
-
- Explain the genesis of your program, just as you did in your posting, and
- hope the court believes you. If you have versions of the program dated
- earlier than those of the person who claims to have originated it then
- you'll have a pretty good case against having copied it.
-
- By the way, I think this addresses the earlier issue of whether copylefting
- a program makes the FSF the de facto owner. I think the only third party
- who could sue you over violating the GPL is the person who claims to have
- distributed the software containing GPLed code to you; he could claim that
- by not distributing the source to a derivative you're violating the license
- agreement you implicitly accepted by distributing the binaries. He can
- force you either to stop distributing the program or to start distributing
- binaries. If a GPLed program contains no FSF code, the FSF hasn't licensed
- anything to you, so they can't demand anything of you.
-
- So, I write program A and copyleft it. I then derive program B from this,
- but don't copyleft it. Since I'm not going to sue myself over violating my
- own license, I'm in no danger. And the FSF can't sue me because they're
- not a party to this license contract (they merely authored the text of the
- license on A). Neither is any recipient of B, so they can't force me to
- distribute the sources to B.
-
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-