Re: scope of linux in the corporates...

"David Schwartz" <davids@xxxxxxxxxxxxx> wrote:
I should really say one thing and ask one question, and then may save
us a lot of headaches.

First, I should remind you that anyone who possesses a lawfully made
and acquired copy of a copyrighted work may transfer that copy to
another person, even for a fee if they wish. So if you could make a
copy of a GPL'd work without having to accompany it with the source,
you could transfer that copy to another person without needing
permission from the GPL to "distribute" the work.

The copy you made is *not* the copy you can sell.

An example would be that I can buy a set of Slackware CD's. I can
then copy all of the files to my desktop computer. I can also copy
some of them (the binaries) to my laptop. I can copy all or part of
them to my server, to my development system. Etc. etc.

I *cannot* make a copy of any of those files and sell it to you
without complying with the various terms of the GPL for those
parts that are under the GPL.

I *can* sell you the set of CD's though. (And I can keep *my*
copies!)

Second, I should ask you -- what do you think the distinction is
between "copying" and "distributing"? You seem to think there's a right
under copyright to restrict the distribution of lawfully-made copies.
17 USC 109, "Notwithstanding the provisions of section 106(3) [17 USC
106(3)], the owner of a particular copy or phonorecord lawfully made
under this title, or any person authorized by such owner, is entitled,
without the authority of the copyright owner, to sell or otherwise
dispose of the possession of that copy or phonorecord."

I would suggest you avoid trying to give legal opinions. I'm
not even going to bother looking up the context of that
statement. It doesn't mean anything at all in context.

A distribution is when I make a copy and transfer it to someone
other than myself.

Here is a valid opinion:

The license does not require anyone to accept it in order to
acquire, install, use, inspect, or even experimentally modify
GPL'd software. All of those activities are either forbidden
or controlled by proprietary software firms, so they require
you to accept a license, including contractual provisions
outside the reach of copyright, before you can use their
works. The free software movement thinks all those activities
are rights, which all users ought to have; we don't even want
to cover those activities by license. Almost everyone who
uses GPL'd software from day to day needs no license, and
accepts none. The GPL only obliges you if you distribute
software made from GPL'd code, and only needs to be accepted
when redistribution occurs. And because no one can ever
redistribute without a license, we can safely presume that
anyone redistributing GPL'd software intended to accept the
GPL. After all, the GPL requires each copy of covered
software to include the license text, so everyone is fully
informed.
Eben Moglen

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

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