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Re: Use of GPL'd code with proprietary programs


From: Alexander Terekhov
Subject: Re: Use of GPL'd code with proprietary programs
Date: Mon, 12 Jul 2004 11:40:09 +0200

David Kastrup wrote:
> 
> Alexander Terekhov <address@hidden> writes:
> 
> > Rui Miguel Seabra wrote:
> > [...]
> > > Grant back is:  A releases
> > >                 B modifies
> > >                 Under certain conditions, B must grant back to A
                      ^^^^^^^^^^^^^^^^^^^^^^^^

> > >
> > > The GPL requires that you give exactly the same freedoms to anyone
> >
> > Yes. It requires to grant the rights. And "anyone" does include "A".
> 
> No.  Not if you don't distribute to "A".  The GPL allows you to keep
> your derivatives to yourself, or to distribute them only to people who
> pay you a lot of money for them. 

But with a permission to copy and give the same rights to everyone 
(including "A"). Put the lenses on, dak.
 
>                                  You have to grant the rights to
> those that you distribute to.  But "A" has no right to demand to be
> among that set.

Yes, "A" must acquire a single copy (or that funny "written offer, 
valid for at least three years") to have all the rights. But the
copyright grant doesn't extend to "unrelated works or preexisting 
(and therefore necessarily nonderivative) works". And using the 
copyright license to extract such rights exceeds the scope of the 
copyright grant.

regards,
alexander.


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