Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim

[Alexander Terekhov]

John Hasler wrote:
> 
> Richard writes:
> > To surrender something you must first have it.  So when was it that they
> > had the right to distribute the derivative work for a charge?  Before or
> > after they accepted the GPL?

One just can't charge *for* a derivative work before it is created 
(futures aside for a moment :-) ). A copyright arises as soon as 
(derivative) work is created (lawfully). 17 USC 117 allows creation 
of derivative works (adaptations) without a license.

http://caselaw.lp.findlaw.com/data2/circs/2nd/039303p.pdf

The GPL acceptance is triggered by distribution of *already created* 
derivative works under the terms of the GPL. 

So the answer is: before. But anyway, an answer "at the same time" 
(for works that are not "computer program" literary works) is just 
as good.

> 
> After accepting the GPL they have the right to charge whatever the market
> will bear for copies of the derivative.  What they do not have and never
> had is the right to charge for licenses for it.

Uh moron Hasler.

regards,
alexander.