GPL survives antitrust challenge - again
Posted Nov 10, 2006 7:11 UTC (Fri) by
jstAusr (guest, #27224)
In reply to:
GPL survives antitrust challenge - again by AJWM
Parent article:
GPL survives antitrust challenge - again
I don't think bojan is correct because his analysis requires too much interpretation, but the conlusion is correct in any case. I think you are close but;
(from the GNU GPL faq):
Does the GPL allow me to sell copies of the program for money?
Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.)
And just to comment on the court order:
From the court order:
Thus the GPL propagates from user to user and revision to revision:
neither the original author, nor any creator of a revised or improved
version may charge for the software or allow any successor to charge.
Copyright law, usually the basis of limiting reproduction in order to
collect a fee, ensures that open-source software remains free: any
attempt to sell a derivative work will violate the copyright laws,
even if the improver has not accepted the GPL. The Free Software
Foundation calls the result "copyleft."
I don't think that is framed correctly at all, because:
1. The original author can do whatever they want including but not limited to; dual licensing the work or charging whatever they want or assigning their copyright to someone else. I'm including more than what the court is addressing but still...
2. The successors have the same rights as the original author except that the succesors don't have copyright to the prior authors work so, they can't change the licensing terms of the work. The GNU GPL allows anyone to "charge" but they can't restrict the distribution rights of the successors.
3. "any attempt to sell a derivative work will violate the copyright laws,
even if the improver has not accepted the GPL."
The word "even" should be removed from that statement. And, "improver" may apply but, is not really inclusive enough.
4. The description is inconsistant with what the Free Software Foundation describes as "copyleft".
5. The Court's statements work correctly within the scope of the ruling, but I hope they aren't taken literally in future case law.
The reasonable copying and medium fees can be charged if "downstream" asks for the source code to works that were originally distributed without the source code. That is to comply with the "source code" requirement of the GPL while not causing an additional burden to the distributor.
(
Log in to post comments)