Check the license again [LWN.net]

Check the license again

Posted Mar 22, 2012 16:14 UTC (Thu) by southey (subscriber, #9466)
In reply to: The "Death Penalty"... by khim
Parent article: Enforcing the GPL with Judo moves (The H)

The license always says this The "Program" not this particular copy of the software where the GPL v2 says:

The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law

So even downloading alternative version of the source code does not give you a new "Program". Consequently another download does not wipe out section 4 of the license because you must deal with the "program". But I am sure a lot of people would like that a new event removes any previous wrongness associated with that event like buying a new car to erase the fact that you still have or had same exact car that was illegal obtained.

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Check the license again

Posted Mar 22, 2012 16:38 UTC (Thu) by dlang (✭ supporter ✭, #313) [Link]

> But I am sure a lot of people would like that a new event removes any previous wrongness associated with that event like buying a new car to erase the fact that you still have or had same exact car that was illegal obtained.

this doesn't compute

they don't have to agree to the license in any way to download a copy, so there is no wrongness with them having or using a copy in any case.

the potential wrongness is if they are distributing a copy without complying with the license. and it doesn't matter if they get a new license later or not, their prior distribution would still be unlicensed, and so they would still be liable for distributing code without a valid license.

If they then start complying with the license, there is no grounds to prevent them from distributing the software in the future, as long as they continue to comply. This still doesn't eliminate their liability for prior distribution. If a company makes it a habit of refusing to comply with the license until a lawsuit is filed, it's pretty clear what's going on and tha lawsuit can ask for extra in damages on this basis.

Using your car analogy, the fact that you purchased a new car of the same make and model as a car that you stole doesn't eliminate your liability for grand theft.