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From: | Hyman Rosen |
Subject: | Re: Circumventing the GPL |
Date: | Tue, 22 Jul 2008 15:11:09 -0400 |
User-agent: | Thunderbird 2.0.0.12 (Windows/20080213) |
John Hasler wrote:
Sure, you could buy Debian CD sets from CheapBytes, throw away the source CDs, and sell the binary ones. So what? Are suggesting that company B contract with company A to do this? If so company A is company B's agent and the GPL is violated, not circumvented.
I don't see anything in the GPL that would imply that when one company hires another to create GPLed software, the two companies become united into a single entity. The GPL does not talk about agents. It's also perfectly legal for one company to pay another to develop modified works derived from GPLed code, and to pay that company more money in exchange for not distributing the software to anyone else. The software developer delivers the multiple copies of sources and binaries to the hiring company, gets money to not deliver it to anyone else, and is done. The hiring company uses the first sale doctrine to resell only the binaries. It never has to accept the GPL. The end users have a license from the the original developers under the GPL, but no one from whom they can demand the modified sources.
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