Re: "Preferred form of work" Re: Keyspan Firmware fun

[Walter Landry <landry@physics.utah.edu>]

> > The simple answer is that the code must be in the preferred form of
> > the person distributing the code.  
> 
> But where does it say that in the GPL, or in the DFSG? That has too
> many funky implications for me to like that answer. If A gives code
> to B, the whole point of free software is that B can give it to C, 
> but B can't, because it's in her preferred form.

Who's preferred form?  A's or B's?  If B makes no changes to the
software, then the preferred form is still what A gave to B (that is
the only way that the software is actually modified).  If B makes
changes to it, then the preferred form is whatever B used.

> 
> > If a company releases the old game under the GPL, but doesn't provide
> > the source, then they haven't really released under the GPL.  No one
> > will be able to distribute the game, because they can't also provide
> > sources.  
> 
> They've released the form that people have been modifying for years.
> It must be the preferred form, cause there is no other form.

I would guess that the company did not release the game code under the
GPL, but under something else, like a BSD license.  If someone made
some binary modifications with a hex editor and placed them under the
GPL, then that would be the preferred form for modifying it.  Note
that it is the creator or modifier who determines what is the
preferred form.

Basically, the person who is bound by the GPL is the person making
copies.  Whatever form that person uses to make modifications is the
preferred form.  If that person did not make any modifications, then
the preferred form of whomever gave it to that person is the preferred
form.

There is necessarily going to be some interpretation of what
"preferred form" means.  If two people can't agree, then the courts
decide.  My analysis is just looking at the language of the license
and making "reasonable" conclusions.  I don't know of any court cases
that have actually decided what "preferred form" is.  That is because,
among other things, the GPL has never had to be defended in court.
This is the sort of thing where a lawyer might be useful.

Regards,
Walter Landry
landry@physics.utah.edu