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The GPL Is Almost an All Writs Canary

2 pointsby fpgeekabout 9 years ago

1 comment

enkiv2about 9 years ago
The GPL does not require public distribution of derivative works; only that the original licensor could not prevent licensees (even indirect ones) from performing redistribution. This is used all the time: within corporations it&#x27;s normal to patch&#x2F;fix GPL&#x27;d software and not distribute the changes outside of the organization, with the caveat that distribution could not be <i>stopped</i> by GPL licensing terms; usually, instead, it will be stopped by employment contracts.<p>The GPL has gone through a lot of hoops to warp itself in such a way that it takes a normally restriction-based system (licensing) and turns it into a limited guarantee of freedom from restrictions. But, it can&#x27;t really subvert something like a gag order.<p>Consider the case of a dual license, where one license is a GPL and another license is some permissive noncommercial license. The restrictions of both licenses apply, and thus, the result is a composite set of licensing terms that resemble a GPL with commercial use restrictions. The GPL&#x27;s interaction with any other set of laws that restrict distribution will operate the same way.