Re: [LAD] Impro-Visor created on sourceforge

On 6 Aug 2009, at 15:05, Raymond Martin wrote:
>
> An author does not have to give the code a license for it to come
> under GPL,
> the act of combining it with GPL code and distributing brings the
> GPL into
> force. The combining is considered a modified version of the
> original which
> must be distributed under the same license.
>
> See section A.2, subsection 5 of the GPL (version 2 in this case).
> Read the
> sentence "Therefore, by modifying, or distributing the Program (or
> any work
> based on the Program), you indicate your acceptance of this License
> to do so,
> and all its terms and conditions for copying, distributing, and or
> modifying
> the Program or works based on it.
>
> End of story. Any combination with other GPL stuff automatically
> puts the code
> under GPL. The distributing party is accepting the GPL by their own
> actions.
> Distributing the resultant product causes the GPL to come into effect.

No. Because the GPL is (IANAL, but most of them seem to think) a
license not a contract. The distributing party is VIOLATING the GPL by
their own actions.

Here's Eben Moglen on the subject:

"There is no provision in the Copyright Act to require distribution of
infringing work on altered terms. What copyright plaintiffs are
entitled to, under the Act, are damages, injunctions to prevent
infringing distribution, and—where appropriate— attorneys’ fees. A
defendant found to have wrongfully included GPL-licensed code in its
own proprietary work can be mulcted in damages for the distribution
that has already occurred, and prevented from distributing its product
further. That’s a sufficient disincentive to make wrongful use of GPL-
licensed program code. And it is all that the Copyright Act permits."

~ Simon

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Received on Thu Aug 6 20:15:11 2009