[luau] that crazy GPL stuff...

Jimen Ching jching at flex.com
Thu Oct 16 23:28:01 PDT 2003


On Thu, 16 Oct 2003, Hawaii Linux Institute wrote:
>We need to realize that the validity of GPL is closely tied to the
>notion of shrink-wrap licenses.

IANAL, but I believe both are based on copyright law.

>First, since there are no face-to-face negotiations, do you really need
>to abide by the terms of GPL and open your source code?

I don't think 'face-to-face negotiations' are required.  GPL is a legal
document.  IF IT APPLIES, then you will abide by it because it's the law.
Or the FSF will go after you.  The 'if it applies' sentence fragment is
very important.  Because no one is forced to accept the GPL.  But if you
don't accept the GPL, then you don't get to use the software.  And by use,
I mean make derivative works.

>If you have to open your source code, to what extent?

To the extent that the GPL specifies.  The GPL is very clear on this
issue, and I qoute:

  "3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable
    source code, which must be distributed under the terms of Sections
    1 and 2 above on a medium customarily used for software interchange; or,"

I don't think there's any wiggle room here.

>Since there is no uniform law regarding shrink-wrap licenses, answer to
>this question will of course vary from state to state.

True.

>Then, there is the issue of whether the GPL will bind you forever.  Both
>issues have been advanced by David Boise of SCO.

The GPL is based on copyright law.  It binds you for the same duration as
copyright binds you.

--jc
-- 
Jimen Ching (WH6BRR)      jching at flex.com     wh6brr at uhm.ampr.org



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