Re: xchat is now shareware in windoze

[Brian Thomas Sniffen <bts@alum.mit.edu>]

Don Armstrong <don@donarmstrong.com> writes:

> On Thu, 21 Oct 2004, Brian Thomas Sniffen wrote:
>> It does pose a direct problem for Debian, as we may not have a valid
>> GPL license grant from upstream -- because *his* license under the GPL
>> may have been revoked.
>
>   GPL §4. You may not copy, modify, sublicense, or distribute the
>   Program except as expressly provided under this License. [...]
>   parties who have received copies, or rights, from you under this
>   License will not have their licenses terminated so long as such
>   parties remain in full compliance.
>
> And:
>
>   GPL §6. Each time you redistribute the Program (or any work based on
>   the Program), the recipient automatically receives a license from
>   the original licensor to copy, distribute or modify the Program
>   subject to these terms and conditions.
>
> As you can see, the grant comes from the original licensor to Debian,
> and actions taken by the upstream do not affect our license, so long
> as we remain in full compliance.
>
> So while upstream is likely violating the GPL for works which upstream
> does not hold the copyright for, that violation doesn't pose a risk
> for Debian so long as Debian isn't violating the GPL.

You're not considering all the cases.  It is true that Debian's
license to the original works persists.  But we won't have a license
to the derivative work, because the upstream author didn't have the
right to prepare that work, much less license it.

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu