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Re: Big blow to proprietary linking nonsense.

From: amicus_curious
Subject: Re: Big blow to proprietary linking nonsense.
Date: Wed, 08 Dec 2010 15:55:51 -0000

"Hyman Rosen" <> wrote in message news:9viIn.8188$HG1.1274@newsfe21.iad...
On 5/17/2010 5:14 PM, amicus_curious wrote:
I, as a downstream user of Rjack's modified program

If a copy of the the program has been conveyed without
complying with the requirements of the GPL, the conveyor
has infringed the copyrights of the holders, and will be
enjoined from further such conveyance and may be subject
to other penalties if the infringement was deliberate.

Well, OK, so say that I post some link somewhere saying that you can get the Busy Box or whatever source from some place that has it. Now you have said many times that covers the waterfront for using and conveying the GPL program. So it is legitimately conveyed and subsequently it is legitimately modified by adding Rjack's proprietary piece to it to form the improved program. You cannot sue the customer and I don't see where you can sue the distributor since he has published the link to the source meeting the GPL requirement

The recipient of the illegally conveyed program has no
right to further convey it, or to do anything else with
it - holders of illegal copies of a work don't get any

Well, in my scenario that is just what Rjack would want, since the user is not allowed to further convey Rjack's additions either. It is pretty much like selling a program that uses some GPL program as a base but not putting the whole thing under the GPL. Who cares what the user does with the original GPL program, there isn't any commercial value in that. The key is being able to obtain the commercial value from the add-on that does something new.

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