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Date:      Sat, 18 Mar 2000 13:31:03 -0800
From:      Arun Sharma <adsharma@sharmas.dhs.org>
To:        Rahul Siddharthan <rsidd@physics.iisc.ernet.in>
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Re: On "intelligent people" and "dangers to BSD"
Message-ID:  <20000318133103.A18560@sharmas.dhs.org>
In-Reply-To: <Pine.BSF.4.20.0003190139010.8919-100000@theory1.physics.iisc.ernet.in>; from Rahul Siddharthan on Sun, Mar 19, 2000 at 02:16:52AM %2B0530
References:  <200003181755.JAA18402@sharmas.dhs.org> <Pine.BSF.4.20.0003190139010.8919-100000@theory1.physics.iisc.ernet.in>

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On Sun, Mar 19, 2000 at 02:16:52AM +0530, Rahul Siddharthan wrote:
> > I have been in this situation before with one of my previous
> > employers. When the Indian software firm A modifies GPL'ed code
> > and ships it off to company B, GPL triggers. You can have private
> > modifications to GPL, only if the code remains within a legal entity.
> 
> It would trigger only if company B plans to redistribute. That
> is, Company A must give it to Company B under the GPL; but if it
> is for company B's private use, why would company B care about
> the restrictions on distributing?

The transfer of code from Company A to Company B is considered redistribution.
Otherwise, one can defeat GPL by having agreements with Companies B1, B2,
B3 etc, selling code for private use only. Thus when Company A transfers
code to company B, it is required to give it to anyone who asks for it.
That's the interpretation I heard from the lawyers.

> > He would have been able to make money by selling add-ons to ghostscript.
> > Because he licensed it under GPL, he could only sell mods to his code.
> > Had he licensed it under BSD, he'd be able to sell mods to an enhanced
> > version of ghostscript. 
> 
> He has the copyright, and can sell ghostscript under a different
> license (with add-ons and all) anyway. But only he, the copyright
> holder, could do that. (Though actually I think he didn't insist
> on retaining all copyrights for modifications, but trusted to the
> goodwill of the community.)

I'm not sure that Linus Torvalds can change his mind now and release
a version of Mobile Linux using a commercial license. He does not own the
copyrights to everything - just to his code.

My understanding of GPL is that Peter could not have sold a version of
ghostscript containing a GPL'ed add-on without the permission of the
author. This is why SCSL is not so well received in the open source
circles - because it allows the copyright holder - Sun, to have 
special privileges.

	-Arun


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