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Re: OT: Who's governed by GPL? (Was: GPL and software I have written)

Andrew Sullivan writes:
> But the GPL does not talk only about re-distribution: it "applies to any
> program or other work which contains a notice placed by the copyright
> holder saying it may be distributed under the terms of this General
> Public License."  Accordingly, the original distributer is also bound by
> the license.

It doesn't matter what the GPL does or does not say.  No one can be bound
by something that no one can enforce.

> Of course, this all seems like a lot of wanking, unless one considers the
> case of people who want to figure out a way to make money from "Open
> Source".  One answer is to say, "It's under the GPL," and just never
> release the source.

If they use "It's under the GPL" to sell it and then refuse to comply with
the terms of the GPL they are in breach of contract and possibly guilty of
fraud.  If they do not use "It's under the GPL" to sell it they are just
lying.  Lying is not illegal.

> Interested parties in a trust could sue the trust.

Yes, of course, but this has no bearing on the case at hand.
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI

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