Re: "GPL requirement could have a chilling effect on derivative distros"

[Alexander Terekhov]

Tim Smith wrote:
[...]
>     1. Party A makes a GPL'ed program available, on two CDs.  One has the
>     program in binary form, and one has the source.
> 
>     2. Party B obtains these CDs, and having no interest in the source code,
>     gives the source CD away, or perhaps discards it.
> 
>     3. Later, Party B no longer has a use for the program, so deletes all
>     copies they have made of the binary CD, and then puts the binary CD up
>     for sale.

Person B doesn't really have to delete "all copies they have made of the 
binary CD" as long as those copies fall under 17 USC 117 -- they can be 
transfered along with the binary CD under 17 USC 117.

Consolidated know-how on escaping the GPL under 17 USC 109 and 117 can be
found in "Distributing GPL software" thread on debian-legal.

http://lists.debian.org/debian-legal/2006/01/msg00163.html
http://lists.debian.org/debian-legal/2006/01/msg00166.html
http://lists.debian.org/debian-legal/2006/01/msg00174.html

and etc. (read the entire thread).

Vivat freedom. Hth.

regards,
alexander.