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mcc

@vathpela @glyph This (conveying code from company A to B to C while claiming it was not "distributed") seems to violate the plain language of "copying" or "distribution" as it would have been understood by people who place their code under GPL2, and I doubt a court would sign on with it if this were tested. In GPL3 "distribution" is replaced with a more fine-grained definition of terms concerning copying, and so if this loophole was ever real, it's probably shut now.

11 comments
mcc replied to mcc

@vathpela @glyph At any rate if the behavior in question has been halted for unrelated reasons it seems hard to come to a firm conclusion about whether it was entirely legal?

Farce Majeure replied to mcc

@mcc @glyph I think that's a fair conclusion. Also worth noting that there are other slightly different ways they could have done it that are even more confusing (and maybe they did, I wasn't ever in that part of the business). Like, what if they only ever gave the customers patches, and then rented them out a consultant who downloaded, patched, and compiled gcc for them? It's exactly the same in the end, but a largely different thing being handed over.

Glyph replied to Farce

@vathpela @mcc thanks again for stepping in so I wasn't spreading around false claims. I still think the whole scheme sounds confusing and dubious, but now at least I know where to go to do research to understand it better in the future!

Farce Majeure replied to Glyph

@glyph @mcc Also worth keeping in mind that this was like 25 years ago, I didn't work in that part of the company (or indeed for Cygnus ever), I've never paid someone to write a compiler port for me, and it would be remarkable if I didn't have at least some part of this history wrong ;)

mcc replied to Farce

@vathpela @glyph Hrm, well, now that you mention it, I think there might actually *be* a very dangerous patch distribution loophole to the GPL, I'm willing to hear that argument. Especially since I've ALSO seen an almost identical loophole used by people who ADVOCATE the gpl (see "LAME"..)

Farce Majeure replied to mcc

@mcc @glyph I think the argument against that is that a patch to a piece of software must be, at least in some part, a derived work. (Also I have written a lot of GPL'd software. ;)

Farce Majeure replied to mcc

@mcc @glyph Well, I don't think lawyers or the courts see it that way, but again I am not a lawyer so I won't belabor that point any more. Maybe as @luis_in_brief, I hear he is a lawyer, just not your lawyer or my lawyer ;)

Luis Villa replied to Farce

@vathpela @mcc @glyph ugh, I’m a lawyer but despite recent appearances I have a day job, so I should really get back to my work of (checks todo list) writing up more opinionating on xz, oh gooooodddddddddd

Glyph replied to Luis

@luis_in_brief @vathpela @mcc we'd all better stop posting so we can get back to our respective jobs, which are *checks notes* also posting, mostly about the same topics, just with a slightly different emphasis

Glyph replied to Farce

@vathpela @mcc @luis_in_brief ultimately the nature of the debate here just proves the point I was making :). We are arguing over what precise powers that a particular genie would have if it were ever released, but the reality is that the genie gets its power from the tens of millions of dollars that would need to be spent to release it in the first place, and we will never find out so it doesn't matter in any practical sense

Geoffrey Thomas replied to mcc

@mcc @vathpela @glyph I don't know how to conclude whether this article is correct or biased but it talks about the question of whether GPL triggers between e.g. a company and its independent contractors, or when a company is acquired: jolts.world/index.php/jolts/ar

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