Bruce Perens on OSI

Robert Bushman plug-discuss@lists.plug.phoenix.az.us
Fri, 2 Aug 2002 21:47:12 -0400 (EDT)


On Fri, 2 Aug 2002, Kyle Faber wrote:

> The GPL does not apply only at the moment you redistribute a program.
> It must apply the first time the original author distributes a
> program.

GPL does apply, but only to the distributor, not to
the recipient. On receipt, the recipient is only
governed by copyright.

> I write the finest program the world has ever seen, called "Kyle's
> Greatest Duck Calculator and Redivisibilator.  (KGDCR).

Wow! I just wrote my own Duck Calculator and
Redivisiblitator. Why don't you post yours on
Sourceforge so I can contribute my features?

> The knowledge that Jim can gain from eyeballing my source code, and
> the algorithms involved in KGDCR could be earth shattering.

I think fair use allows educational use,
criticism, and parody. The use you describe
is educational.

http://fairuse.stanford.edu/

> Saying something is unlicensed until you distribute it is a
> "Schroedinger's Cat" approach to software licensing, and I, for one,
> would like to believe that the KGDCR is not a dead cat.

It is licensed, and copyrighted. As the recipient,
you have the right to use it under the rules of
copyright, or under the rules of the license, at
your discretion (except to the extent that UCITA
is illegally enforced by the corrupt executive
and judicial branches, but I digress).

> If the product was GPL'd, I would have to add value to it before I
> could charge for it.

Anyone can sell it for any price.

http://www.linuxmall.com/shop/02329

> I do not relinquish all my rights to my
> software when I release it under the GPL.

True, but you do relinquish redistribution rights
(among other things), provided the recipient
abides by the GPL upon redistribution.

> Just my view of the world, yours my differ, but don't expect me to
> live there ;0

Of course not, but you should take the time to fully
understand the GPL before releasing your code under
it.