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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: 12 Jan 1993 07:06:52 GMT
- Organization: Thinking Machines Corporation, Cambridge MA, USA
- Lines: 33
- Message-ID: <1itqmcINNsm7@early-bird.think.com>
- References: <1993Jan9.211106.22282@blaze.cs.jhu.edu> <1isogrINN3k3@early-bird.think.com> <1993Jan11.215534.27348@blaze.cs.jhu.edu>
- NNTP-Posting-Host: gandalf.think.com
-
- In article <1993Jan11.215534.27348@blaze.cs.jhu.edu> arromdee@jyusenkyou.cs.jhu.edu (Ken Arromdee) writes:
- >In article <1isogrINN3k3@early-bird.think.com> barmar@think.com (Barry Margolin) writes:
- >>>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.
- >>>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.
- >
- >No, no, it's not the party receiving C who sues. It's my competitor who
- >copies. "You took it from C" is just my competitor's excuse for pirating my
- >work. _I_ have to sue _him_; his possession of the excuse "well, he took it
- >from C, so it's GPLed and freely copyable" is his defense against my claim
- >that he pirated my stuff.
-
- Yes, you would have to sue him. But I don't think he would have a valid
- defense.
-
- The GPL requires you to distribute your source code. But if you fail to
- distribute your source code, it doesn't give someone the right to steal it.
- Violating the GPL only gives the party you received the GPLed code from the
- right to enjoin you from distribution (since that is the only right that
- was dependent on obeying the rules of the GPL).
-
- And if you didn't receive GPLed code in the first place then there's no one
- to do even this.
- --
- Barry Margolin
- System Manager, Thinking Machines Corp.
-
- barmar@think.com {uunet,harvard}!think!barmar
-