Posted Mar 16, 2011 15:26 UTC (Wed) by khim
In reply to: Yes, it would...
Parent article: Kuhn: Thoughts On GPL Compliance of Red Hat's Linux Distribution
From the minimal amount of legalese training I've had it's apparent to me that preferred form is already defined in the license, although indirectly.
Actually it's not defined there - and this is by design. Times are changing and "preferred form" may change too. For example some systems don't allow you to work with source using text files (lots of BASIC, Logo or Smalltalk systems are like this), some people actually code programs without text files even if they can use them (see here, for example), etc. So no, "prefferred form" is not covered by license - and this is feature, not bug.
Still to try to extend "source code" term to mean "git repository contents" is really pushing it. You'll be going not against letter of the license but against many centuries of tradition. Even if you sign the contract which transfers you rights for some artistic creation to other person it rarely (if ever) includes your notes, drafts, etc. These are usually sold separately and are covered by different license. More often then not they are not sold at all, but rather kept private forever (okay, not really forever - usually till the death of author). To claim that "program source code" is unique in this regard you'll need some exceptional justification.
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