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- Newsgroups: gnu.misc.discuss
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cis.ohio-state.edu!gnu.ai.mit.edu!rms
- From: rms@gnu.ai.mit.edu (Richard Stallman)
- Subject: Can Technical Tricks Circumvent the GPL?
- Message-ID: <9301130018.AA28371@mole.gnu.ai.mit.edu>
- Sender: daemon@cis.ohio-state.edu
- Organization: GNUs Not Usenet
- Distribution: gnu
- Date: Tue, 12 Jan 1993 14:18:55 GMT
- Lines: 45
-
- Can Technical Tricks Circumvent the GPL?
-
- People often speculate about technical procedures that might
- circumvent the GPL in some way. For example, they may suggest a
- modified version could be cut artificially into two pieces, one free
- and one proprietary, that are called two independent programs.
-
- This kind of scheme is based on the premise that the legal system
- operates in the fashion of a stupid computer program, and that
- superficial manipulations of the way files are grouped and labeled
- would fool it. While the legal system often does seem stupid and
- easily fooled in comparison with common sense, the FSF's lawyer told
- us that it would not be stupid about this.
-
- The lawyer said that such a scheme would fail because a judge would
- regard it as a subterfuge. The judge would conclude that the two
- parts are really one program in disguise, and go on from there.
-
- Our lawyer also said that a judge would tend to be harsh toward anyone
- perceived to be trying a subterfuge.
-
- As hackers, we tend to become absorbed in the technical details of the
- proposed schemes, and not pay enough attention to the wider context.
- The possibility of a loophole in the GPL might be interesting
- abstractly in its own right, but its main importance is in connection
- with whether the GPL does what it is supposed to do: ensure that
- modified versions of a program are free.
-
- Hackers also tend to model the GPL based on concepts used for security
- systems, assuming that any puncture makes it collapse like a soap
- bubble. But business doesn't move like a gas; more like molasses. If
- a real, legally sustainable loophole were found, its effect would be
- diminished by the inconvenience of using it. This is likely to be
- significant, and would dissuade most companies from trying. Thus, the
- GPL would still retain most of its effect.
-
- Experience shows that companies are not eager to try to circumvent the
- GPL. If they think their plans might conflict with the GPL, they
- generally contact the FSF to make sure there is no conflict.
-
- The most fundamental point--the "bottom line"--is that as a practical
- matter the GPL does achieve its goal. Improvements to our software
- are actually made free, and no amount of speculation can override this
- fact. Apparently, any loopholes are sufficiently inconvenient that
- they are not much of a factor.
-