Re: scope of linux in the corporates...

"David Schwartz" <davids@xxxxxxxxxxxxx> wrote:
John Hasler wrote:

Anyone who owns a copy of the binary is entitled to the source. You do not
own a copy that your employer issued to you to do your work with any more
than you own the computer he issued you.

That is not what the GPL says, and the GPL applies here because you
have no other way to get the right to create the derivative work in the
first place.

The GNU GPL differentiates between the requirments for copying,
creating a derivative work, and distribution.

There are no requirements for copying (other than accepting the
terms of the license as a whole). There are additional
requirements for identifying modification. And there are
specific requirements for distribution.

Allowing your employee to use one of your copies for his work is not
distribution.

You are correct that it is not distribution, however it is copying.
Copying has the same copyright implications that distribution does.

The same copyright implications yes, but not the same licensing
requirements, which is what the GNU GPL addresses.

GPL
section 3 only allows you to *make* a copy if you *accompany* it with
source code or a transferrable offer for source code.

Section 3 allows you to *distribute* a copy under specific
conditions. It does not restrict in any way making a copy.

You are free to make an use copies as you see fit.

I guess what it would come down to is whether or not the "accompany"
requirement only applies to distribution. I could see reasonable
arguments both ways.

There is no statement about "copy or distribute", only about
"copy and distribute". It applies to distributing a copy, not
to using a copy.

Clearly what allows is the fact that I have gcc installed
(copied to) half a dozen computers... but only ever put the
source code on two of those computers, and in fact have since
deleted it from one of them. A company is also allowed to do
it the same whay I as an individual do.

--
Floyd L. Davidson <http://www.apaflo.com/floyd_davidson>
Ukpeagvik (Barrow, Alaska) floyd@xxxxxxxxxx
.

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