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A question about the GPL

Started by March 10, 2006 07:06 PM
4 comments, last by Binomine 18 years, 10 months ago
Hello... I was wondering something. Supposedly, if I use some GPL'ed code and modify it, as long as I do not make the binaries available to persons who would give it away I wouldn't be forced to show the code. However, what would happen if I had my binaries stored in a disc, then someone else copied the binaries without my knowledge and starting giving it away all over the net? If I could do nothing against it, would it also happen if I hold the copyright to all the code?
As long as it's entirely for your own use, and you don't provide binaries (or indeed, source) to any third parties, you should be alright.

If some binaries and/or source "leak" out without your permission, those who have copies are in violation of your copyright.

If you make a deivative work which depends on both GPL and non-GPL-compatible closed-source code, you are probably not legally allowed to distribute (binaries of) it to anyone - hence anyone who has it must have it illegitimately one way or another.

Mark
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Quote: Supposedly, if I use some GPL'ed code and modify it, as long as I do not make the binaries available to persons who would give it away I wouldn't be forced to show the code.

This is half-right. You can't give the binaries to *anyone*, even if they promise not to distribute it any furter. If you do, then you must provide all the code under a GPL license.

Quote: However, what would happen if I had my binaries stored in a disc, then someone else copied the binaries without my knowledge and starting giving it away all over the net?

This depends. Do other people have easy access to your disk? If someone hacks your PC and copies the code then it's their fault. But if you put the binaries on a disk that you normally share over a network so other people can copy things from it, then you would be distributing the code, so you should provide all the source under the GPL.

If you hold the copyright to all the code, then it doesn't matter. It's your code, so you make the rules. It's always their fault if they do something that you disapprove of. You don't ever have to give out the source if you don't want to. But even in this case, if the binaries are on a disk that you usually share with others, then that's implicit consent to copy the binaries. Ofcourse, you still don't have to provide the source in that case.

EDIT: IANAL

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Sander Marechal<small>[Lone Wolves][Hearts for GNOME][E-mail][Forum FAQ]</small>

Quote: Original post by Sander
This is half-right. You can't give the binaries to *anyone*, even if they promise not to distribute it any furter. If you do, then you must provide all the code under a GPL license.

I thought that I would just have to distribute the code if someone asked it for me?(even thought that if I put it on the net I know someone will :p) but in most cases the people that are interesting in a little program I'm making don't care about the source.

I know that if I give the binaries to someone they automatically get the same rights as me for distribution, and also that would happen if they give it to someone else. If that happens, I'll just give the code if that happens.

Quote: Original post by Sander This depends. Do other people have easy access to your disk? If someone hacks your PC and copies the code then it's their fault. But if you put the binaries on a disk that you normally share over a network so other people can copy things from it, then you would be distributing the code, so you should provide all the source under the GPL.


No, just my personal computer would have the binaries and source code.

Quote: Original post by Coz
Quote: Original post by Sander
This is half-right. You can't give the binaries to *anyone*, even if they promise not to distribute it any furter. If you do, then you must provide all the code under a GPL license.

I thought that I would just have to distribute the code if someone asked it for me?(even thought that if I put it on the net I know someone will :p) but in most cases the people that are interesting in a little program I'm making don't care about the source.

I know that if I give the binaries to someone they automatically get the same rights as me for distribution, and also that would happen if they give it to someone else. If that happens, I'll just give the code if that happens.


Yep, that's possible too. But you should include that offer in writing alongside the program (for example, in the readme or on the help->about screen). The offer for the source should be valid for as long as you distribute your application, with a minimum of three years.

Quote:
Quote: Original post by Sander This depends. Do other people have easy access to your disk? If someone hacks your PC and copies the code then it's their fault. But if you put the binaries on a disk that you normally share over a network so other people can copy things from it, then you would be distributing the code, so you should provide all the source under the GPL.


No, just my personal computer would have the binaries and source code.


In that case it's no problem.

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Sander Marechal<small>[Lone Wolves][Hearts for GNOME][E-mail][Forum FAQ]</small>

One problem with your post, who is "Persons who would not give it away"?

If your programs is being used intra-company, it doesn't count as distribution and therefore you can use as much of the GPL as you want without releasing the code. If you distribute it, such as renting it to a 3rd party, then you must give them the source as well.

I can't vouch for what you can or can't do if someone steals the binaries, because I'm unfamiliar with the laws in your country.

IANAL. :D

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