massar@think.ARPA (JP Massar) (07/28/85)
What are the legal implications, if any, of writing a user interface to a 'to be sold' piece of software in GNU Emacs' Lisp, then selling the software and interface and giving away with it a copy of GNU Emacs? Even where one has no intention of selling GNU Emacs, it would seem difficult to prove that the cost of one's own software did not include in some way the fact the GNU Emacs was distributed with it. No flames please. Just fact or informed opinion. -- -- JP Massar, Thinking Machines Corporation, Cambridge, MA -- mit-eddie!godot!massar, ihnp4!godot!massar, massar@think, massar@cca-unix
dee@cca.UUCP (Donald Eastlake) (07/30/85)
I don't think there is any way to stop someone from selling GNU EMACS.
When something is not property (in some sense no one has or is asserting
any "proprietary" rights to it) you can do what you like, including
trading it (or copies of it) with other people for money or whatever.
Even if something is copyrighted the "exclusive right to vend" the copyrighted
work that is granted to the holder of the copyright applies only to the first
sale. Thereafter, it the particular copy may be transfered freely (although
not further copied). Copyright notices that say you can make further copies
as long as they are not "for profit" or some similarly nebulous handware
are meaningless and unenforceable as far as I can see.
The only way to stop someone from selling GNU EMACS would be a
trade-secret-like contract.
Whether you sell something with the GNU EMACS really has nothing to do with it.
(I think the usual notice about people not being lawyers and speaking only
for themselves is a bit silly but both of these are true for me.)
--
+1 617-492-8860 Donald E. Eastlake, III
ARPA: dee@CCA-UNIX usenet: {decvax,linus}!cca!deeroot@bu-cs.UUCP (Barry Shein) (08/16/85)
From: dee@cca.UUCP (Donald Eastlake) Subject: Re: legal question >I don't think there is any way to stop someone from selling GNU EMACS. > ...some reasons why... I think we are going off the deep-end on this issue (splash.) That's true, someone could probably sell GNU emacs. But there seems to be an overriding practicality here. Like they better not make any major commitments to such a business cuz when their customers find out I think they will kind of have a slow down in cash flow. If they have made some sort of major enhancements etc I don't think* anyone begrudges them a fee as I understood the whole GNU thing. They aren't selling GNU emacs, at that point they are selling support and it's completely up to their customers whether they need a free, unsupported version or pay for one with support. I think you're having trouble with the concept 'free'. -Barry Shein, Boston University *RMS et al could clarify this if they like, I am only trying to piece together conversations we have had.