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Re: web hosting providers' modified .debs

Florian Weimer wrote:
> |   You may make, run and propagate covered works that you do not
> | convey, without conditions so long as your license otherwise remains
> | in force.  You may convey covered works to others for the sole purpose
> | of having them make modifications exclusively for you, or provide you
> | with facilities for running those works, provided that you comply with
> | the terms of this License in conveying all material for which you do
> | not control copyright.  Those thus making or running the covered works
> | for you must do so exclusively on your behalf, under your direction
> | and control, on terms that prohibit them from making any copies of
> | your copyrighted material outside their relationship with you.
> This was put into the license at the very last moment.  Maybe it does
> not apply to the Dreamhost case, but I think it does apply to appliances
> like the Tivo, and especially to customer premises equipment given to

To me the clause reads like a work-for-hire or have-made clause. 
If a company needs private modifications made to a GPLv3 work, it
may need to hire a third-party programmer. Giving this programmer
the (possibly already modified) source code normally constitutes
conveyance, so the programmer would be free to publish the source

To avoid that situation, this clause says that the company can
sign an NDA with the programmer and then give him the source.
The programmer then can make the requested modifications and give
them to the company, but is not allowed to publish the source
he received or the modifications he made.

> you by our ISP (which are a common source of alleged GPLv2 violations).
> Tivo (or the ISP) only needs to make sure that there's a contract that
> stipulates that you provide electrical power and connectivity to the
> device, so you perform a service for them, and voil?, they don't need to
> provide source code anymore.

In a Tivo or ISP situation the ISP does not have its customers
"make modifications exclusively for" the ISP. I really don't see
how this clause would apply to an ISP or to Tivo.


Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/

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