Which GPL applies?

[Piercarlo Grandi]

On 15 Oct 90 20:57:50 GMT, jgd at rsiatl.UUCP (John G. DeArmond) said:

jgd> jmaynard at thesis1.hsch.utexas.edu (Jay Maynard) writes:

>In article <2058 at sixhub.UUCP> davidsen at sixhub.UUCP (bill davidsen) asks the
>musical question:
>>Which GPL applies to programs which say that they are
>>copyright under the conditions of the GPL?

>The GPV addresses this question itself. 


jgd> Acutally a pundit could argue that NONE of them apply.  Not only is the 
jgd> whole concept of a unilaterial "license" contract not signed or accepted
jgd> by both parties subject to a great deal of legal challenge [1], I believe
jgd> the Duck Defense would apply here.  (Duck Defense - "If it quacks like a
jgd> duck, walks like a duck and swims like a duck, you can call it a chicken
jgd> but it's still a duck")

Since it is called 'license' but it is really a conditional permission
to copy, your argument is perfectly true. If something is called
'license' it does not mean it is contract. Indeed, it could be called
the General Public Hymn, and this would not make it a hymn (well, I
hope...).

jgd> In this case, the giving away of the source and calling it "free"
jgd> sure makes it look like a duck of the public domain variety to me,
jgd> FSF's attempt to quibble about the definition of "free" aside.

Be more careful. Do not invite people to violate a copyright by
overstepping the permissions by the copyright holder by hinting that
there is no copyright.

Remember: in the absence of permission to copy, or an explicit written
release to the public domain, all copies of a work of authorship are
illegal.

jgd> What I reject is the concept that anyone can dictate what I do with
jgd> MY code, a contract notwithstanding.

The GNU copyright permissions (they are no contract) state that you are
allowed to use modify and copy in any way a legally derived copy of any
relevant source; but you are only allowed to redistribute such copies to
third parties if you do not impose on them more restrictive copying
conditions than those with which you received your copy.

Again: you can do what you want with your copy, you can also make
zillions of copies, modified or not, for your own use. It is only
*redistribution* that is subject to conditions. If you do not obey the
conditions, you have no permission to make copies for redistribution,
and you are violating the copyright of the holder.
--
Piercarlo "Peter" Grandi           | ARPA: pcg%uk.ac.aber.cs at nsfnet-relay.ac.uk
Dept of CS, UCW Aberystwyth        | UUCP: ...!mcsun!ukc!aber-cs!pcg
Penglais, Aberystwyth SY23 3BZ, UK | INET: pcg at cs.aber.ac.uk