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Re: Sharing the GPL source code, with value addition by vendor specific

From: Alexander Terekhov
Subject: Re: Sharing the GPL source code, with value addition by vendor specific to his hardware?
Date: Wed, 08 Dec 2010 16:03:34 -0000

Barry Margolin wrote:
> In article <>,
>  RJack <> wrote:
> > On 10/11/2010 2:49 AM, Saliya wrote:
> > > Hello,
> > >
> > > I write this email to get an answer for the question "Can the vendor
> > > charge for the GPL source code, for his value addition to the source
> > > code?"
> >
> > If the vendor's value addition to the GPL source code consists of his
> > own original work, the vendor has the *exclusive right* under U.S.
> > copyright law (17 USC sec. 106) to charge whatever he wishes for his
> > additional contribution.
> >
> > Sincerely,
> > RJack :)
> But if he combines it with someone else's work, distributing the
> combination requires the authorization of the other author as well.  The
> GPL specifies the conditions under which that author allows such
> distribution.

Do you mean

  GPL-free code + GPL-contaminated code = GPL-contaminated whole work

GNUtian theory?

Well, the FSF-while-in-court is on record:

"In fact, the GPL itself rejects any automatic aggregation of software 
copyrights under the GPL simply because one program licensed under the 
GPL is distributed together with another program that is not licensed 
under the GPL: "In addition, mere aggregation of another work not based 
on the Program with the Program (or with a work based on the Program) 
on a volume of a storage or distribution medium does not bring the 
other work under the scope of this License." Plaintiff's 
mischaracterization of the GPL in his Response has no bearing on the 
resolution of the pending Motion to Dismiss because the Court can 
examine the GPL itself. "[T]o the extent that the terms of an attached 
contract conflict with the allegations of the complaint, the contract 
controls." Centers v. Centennial Mortg., Inc., 398 F.3d 930, 933 (7th 
Cir. 2005)" 

Philip A. Whistler (#1205-49) 
Curtis W. McCauley (#16456-49) 
Attorneys for Defendant, Free Software Foundation, Inc. 

One American Square Box 82001 
Indianapolis, IN 46282-0002 



"Plaintiff Erik Andersen is a work-from-home father who has gifted 
to the world software underlying a significant body of consumer
electronics." ROFL
                     -- SFLC crooks Ravicher, Williamson, Spiegel
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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