[Gnu-arch-users] re: licensing question

[Thomas Lord]

This is getting old so I'll back off the topic unless something
really interesting comes up but, just to clean up:

Andrew:
> Support contracts are predisposed to limit what you can do with the
> thing being supported, because the supporting organisation has limited
> capabilities. This one is not particularly unusual. The client retains
> the option of cancelling the contract and resuming their full
> privileges under the GPL.

Copying and installing the software on other machines does not,
in and of itself, consume any resources at all of the supporting
organization.   Moreover, the support provider only has the right
to provide the customer with this software *at all* if the provider
extends the rights to copy and install to the customer.

I think you are wrong about clients being able to give up their 
rights so casually (see, e.g., GPL FAQ on the topic of trade 
secret restrictions) but that is secondary:  the provider has
no right to pass along a GPLed work under any terms other than
the GPL, which permits copying and installing.

For GPLed works owned by a third party, the main beef is between
the copyright holder and the support provider: "You redistributed
my work while imposing restrictions on copying and installing -- you
had no right under the public license to do so."

For GPLed works original to the support provider, the beef is between
the client and and support provider: "Part of our agreement (the GPL)
says it is the entire agreement.  Another part adds extra conditions.
Additionally your promotional materials emphasize only the GPL.  
Presumptively the GPL conditions trump the remainder of the agreement
and my right to copy and install are unencumbered by the rest of
the agreement.".

Of course, selling support separate from distributions doesn't magically
grant the support provider the right to restrict my use of GPLed
software.  They are free to support *covered uses* while refusing to
support *uncovered uses* but not free to prohibit uncovered uses which
are otherwise permitted by law.

-t