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Re: Artifex v. Diebold: "The GPL is non-commercial!"

From: Hyman Rosen
Subject: Re: Artifex v. Diebold: "The GPL is non-commercial!"
Date: Thu, 05 Feb 2009 09:07:01 -0500
User-agent: Thunderbird (Windows/20081105)

Rjack wrote:
Professor Robert P. Merges
"But what is most significant about the agreement is that it
> purports to restrict subsequent transferees who receive software
> from a licensee, presumably even if the licensee fails to attach
> a copy of the agreement.

Of course the GPL does no such thing. The GPL does not restrict
anyone from doing anything copyright law permits. "Subsequent
transferees" may do anything with the software they get, as long
as they don't violate the rights of the copyright holder.

The GPL grants extra permissions, not restrictions. If "subsequent
transferees" wish to convey copies of the original work or of
derivative works formed from it, they may not do so under copyright
restrictions, not under GPL restrictions. The GPL allows them to do
so, if they honor its requirements.

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