From mboxrd@z Thu Jan 1 00:00:00 1970 X-Spam-Checker-Version: SpamAssassin 3.4.4 (2020-01-24) on polar.synack.me X-Spam-Level: X-Spam-Status: No, score=-1.3 required=5.0 tests=BAYES_00,FREEMAIL_FROM, INVALID_MSGID autolearn=no autolearn_force=no version=3.4.4 X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,43ae7f61992b3213,start X-Google-Attributes: gid1025b4,public X-Google-Thread: 103376,faf964ea4531e6af X-Google-Attributes: gid103376,public From: "Nick Roberts" Subject: Re: GPL and "free" software Date: 1999/04/26 Message-ID: <3723c38b@eeyore.callnetuk.com>#1/1 X-Deja-AN: 470869030 References: <7fibd5$jc7$1@news2.tor.accglobal.net> <7fjucn$k4p$1@trog.dera.gov.uk> <7fkl3v$1e2$1@nnrp1.dejanews.com> <7fl5ac$9sh$1@news2.tor.accglobal.net> <7fl9q5$ab7@drn.newsguy.com> <7foo6s$qbm$1@nnrp1.dejanews.com> <37209ca6.1133249@news.pacbell.net> <7fudch$hsv$1@nnrp1.dejanews.com> X-Original-NNTP-Posting-Host: da136d170.dialup.callnetuk.com X-Mimeole: Produced By Microsoft MimeOLE V4.72.3110.3 X-Complaints-To: newsabuse@remarq.com X-Trace: 925090945 02H499TBW8004D443C uk21.supernews.com Organization: RemarQ http://www.remarQ.com Newsgroups: comp.lang.ada,gnu.misc.discuss Date: 1999-04-26T00:00:00+00:00 List-Id: Wading rather trepidly into this issue, and with the understanding that I am not any kind of legal expert (in UK or US law), I have wondered if there is a potential problem with the GPL and similar licences, which I'll try to describe. Suppose party B obtains a work (of software), under the GPL, from party A (paying nothing for it). Then suppose party B modifies this work to form a work which they then sell to party C (who is not aware of its GPL heritage) for a substantial amount of money. Now, suppose party C subsequently discovers the fact that the work is derived from a GPL work; what can they do? It seems to me that if party C attempts to sue B, B can argue that C is not the injured party, because it is not C's licence who's terms were breached. On the other hand, it seems to me that if party A attempts to sue B (on behalf of C), B can argue that A (or any other party, for that matter) has not suffered any financial loss, and so are not entitled to any compensation (except, perhaps, for court costs and legal fees). Please accept my apologies if this point: has been previously discussed to death; is actually trivial, naive, or sophistic; is considered inappropriate to comp.lang.ada or gnu.misc.discuss. ------------------------------------- Nick Roberts -------------------------------------