[gnu.misc.discuss] A fine point of Gen. Pub. License

matt@oddjob.uchicago.edu (Matt Crawford) (10/19/89)

David C Lawrence:
) The terms are not
) that anybody must be able to get any derivative work, only that if
) you do give it to someone then they should have access to the source.

I agree with David's paraphrasing of this point, but a company I know
have is having some problems digesting this right now.  The company is
not in the business of selling or distributing software, but they do
write a lot of code of strictly internal use.  (Emphasis on the word
`strictly'.)  Some of their software incorporates emacs source code, so
of course they bought a commercial emacs to use this way.  

One sticking point preventing them from using GNU software is the
meaning of the word "distribute" in the license.  If they provided the
hypothetical GNU-derivative code to an employee to use or to maintain,
would the employee have the right to redistribute it further?  If they
copied the to another office of the same company, would they have
distributed it?

What is RMS's intention in the case of software intended to be used
privately in the conduct of a non-software business?
________________________________________________________
Matt Crawford	     		matt@oddjob.uchicago.edu

nate@hobbes.intel.com (Nate Hess) (10/22/89)

In article <5889@tank.uchicago.edu>, matt@oddjob (Matt Crawford) writes:
>One sticking point preventing them from using GNU software is the
>meaning of the word "distribute" in the license.  If they provided the
>hypothetical GNU-derivative code to an employee to use or to maintain,
>would the employee have the right to redistribute it further?  If they
>copied the to another office of the same company, would they have
>distributed it?

This doesn't seem as difficult an issue as you're making it.  If some
employee of the company gave a copy of the software to another office of
the same company, then she is "distributing" that software, as the GPL
uses the term.  The receiver of the software can then request a copy of
the source code if he so desires.  Any company that denies its employees
access to source code of internally developed and maintained software is
asking for trouble.

As to whether an employee has the right to redistribute the software
further, all anyone who wishes to redistribute GNU-derived software has
to ask herself is whether she is willing to provide machine-readable
source code to the receivers of the software.

>What is RMS's intention in the case of software intended to be used
>privately in the conduct of a non-software business?

I obviously can't speak for RMS, but I would only have three words as to
how software should be used:  Share, share, share!

--woodstock
-- 
	   "What I like is when you're looking and thinking and looking
	   and thinking...and suddenly you wake up."   - Hobbes

woodstock@hobbes.intel.com   ...!{decwrl|hplabs!oliveb}!intelca!mipos3!nate 

desnoyer@apple.com (Peter Desnoyers) (10/31/89)

In article <5889@tank.uchicago.edu> matt@oddjob.uchicago.edu (Matt 
Crawford) writes:
> David C Lawrence:
> ) The terms are not
> ) that anybody must be able to get any derivative work, only that if
> ) you do give it to someone then they should have access to the source.
> 
> I agree with David's paraphrasing of this point, but a company I know
> have is having some problems digesting this right now.  The company is
> not in the business of selling or distributing software, but they do
> write a lot of code of strictly internal use.  (Emphasis on the word
> `strictly'.)  Some of their software incorporates emacs source code, so
> of course they bought a commercial emacs to use this way.  
> 
> One sticking point preventing them from using GNU software is the
> meaning of the word "distribute" in the license.  If they provided the
> hypothetical GNU-derivative code to an employee to use or to maintain,
> would the employee have the right to redistribute it further?  If they
> copied the to another office of the same company, would they have
> distributed it?

Disclaimer - I'm not a lawyer. Anyway, I would think that you have not
"distributed" code here, unless you are under court order to operate your
various offices as truly independent business units. Legally a corporation
is a person, and the software is in the possession of the corporation,
rather than the employees. (Try selling your terminal to a friend and
pocketing the cash to test this point :-) :-)

Therefore, since you are not distributing the modifications, you can 
copyright them however you wish, as well as considering them company
confidential information. Employees would remain free to copy and
distribute the original GNU contribution you had received.

                                      Peter Desnoyers
                                      Apple ATG
                                      (408) 974-4469