Re: The worst that can happen to GPLed code

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
> [...]
> > What about "owners of a particular copy" don't you understand?
> 
> This is getting funny. 
> 
> ftp://ftp.cwru.edu/pub/bash/readline-4.3.tar.gz
> 
> I've downloaded it 10 times. I now have 10
> 
> copyN-readline-4.3.tar.gz
> 
> How many copies of GNU readline do I own without agreeing to the GPL?

None, since no exchange of consideration took place.  If you want to
consider the availability on a download server as "broadcasting"
under copyright law, then you are entitled to make one copy for
personal use, but not to sell it for financial gain.

And also we have:

    From U.S. copyright law, Chapter 1, §101

    The term `financial gain' includes receipt, or expectation of receipt,
    of anything of value, including the receipt of other copyrighted
    works.

[...]

    § 109. Limitations on exclusive rights: Effect of transfer of
    particular copy or phonorecord

    [...]

    (b)(1)(A) Notwithstanding the provisions of subsection (a), unless
    authorized by the owners of copyright in the sound recording or
    the owner of copyright in a computer program (including any tape,
    disk, or other medium embodying such program), and in the case of
    a sound recording in the musical works embodied therein, neither
    the owner of a particular phonorecord nor any person in possession
    of a particular copy of a computer program (including any tape,
    disk, or other medium embodying such program), may, for the
    purposes of direct or indirect commercial advantage, dispose of,
    or authorize the disposal of, the possession of that phonorecord
    or computer program (including any tape, disk, or other medium
    embodying such program) by rental, lease, or lending, or by any
    other act or practice in the nature of rental, lease, or
    lending. Nothing in the preceding sentence shall apply to the
    rental, lease, or lending of a phonorecord for nonprofit purposes
    by a nonprofit library or nonprofit educational institution. The
    transfer of possession of a lawfully made copy of a computer
    program by a nonprofit educational institution to another
    nonprofit educational institution or to faculty, staff, and
    students does not constitute rental, lease, or lending for direct
    or indirect commercial purposes under this subsection.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum