Re: Combining proprietary code and GPL for in-house use

[tb@becket.net (Thomas Bushnell, BSG)]

"none" <chloehoffman@hotmail.com> writes:

> But note it applies only to a work that is distributed or published that
> contains or is derived from the GPL code. If you recall the example, A and B
> are separately distributed (not as a derivative work) and a derivative work
> is created by the end-user but not further "distributed or published".

The set of people {WhiteNight, FooCorp} is certainly distributing and
publishing a derivative and infringing work.  We know to group them
into a set based upon their intentions in their separate actions.
(Are they in cahoots?  Are their products only useful when plugged
into each other?)  

If X is illegal (or violates a civil law) for a single person to do,
then as a rule, it is also illegal (or violates civil law) for a group
of people acting in cahoots to do it, no matter how they divide up the
tasks.