From mboxrd@z Thu Jan 1 00:00:00 1970 Path: main.gmane.org!not-for-mail From: David Kastrup Newsgroups: gmane.emacs.devel Subject: Re: May I publish a Windows Installer for GNU Emacs? Date: 19 Sep 2003 11:49:22 +0200 Sender: emacs-devel-bounces+emacs-devel=quimby.gnus.org@gnu.org Message-ID: References: <3097.1063392768@mixed> <87ad96sldl.fsf@tleepslib.sk.tsukuba.ac.jp> <87u17di5oz.fsf@tleepslib.sk.tsukuba.ac.jp> <87u17bfwu0.fsf@tleepslib.sk.tsukuba.ac.jp> NNTP-Posting-Host: deer.gmane.org Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii X-Trace: sea.gmane.org 1063965010 5487 80.91.224.253 (19 Sep 2003 09:50:10 GMT) X-Complaints-To: usenet@sea.gmane.org NNTP-Posting-Date: Fri, 19 Sep 2003 09:50:10 +0000 (UTC) Cc: stephen@xemacs.org, emacs-devel@gnu.org Original-X-From: emacs-devel-bounces+emacs-devel=quimby.gnus.org@gnu.org Fri Sep 19 11:50:07 2003 Return-path: Original-Received: from quimby.gnus.org ([80.91.224.244]) by deer.gmane.org with esmtp (Exim 3.35 #1 (Debian)) id 1A0Htv-0006eI-00 for ; Fri, 19 Sep 2003 11:50:07 +0200 Original-Received: from monty-python.gnu.org ([199.232.76.173]) by quimby.gnus.org with esmtp (Exim 3.35 #1 (Debian)) id 1A0HyK-00053z-00 for ; Fri, 19 Sep 2003 11:54:40 +0200 Original-Received: from localhost ([127.0.0.1] helo=monty-python.gnu.org) by monty-python.gnu.org with esmtp (Exim 4.22) id 1A0HtQ-0004co-2K for emacs-devel@quimby.gnus.org; Fri, 19 Sep 2003 05:49:36 -0400 Original-Received: from list by monty-python.gnu.org with tmda-scanned (Exim 4.22) id 1A0HtL-0004cV-Tl for emacs-devel@gnu.org; Fri, 19 Sep 2003 05:49:31 -0400 Original-Received: from mail by monty-python.gnu.org with spam-scanned (Exim 4.22) id 1A0HtK-0004bY-AC for emacs-devel@gnu.org; Fri, 19 Sep 2003 05:49:30 -0400 Original-Received: from [62.226.11.248] (helo=localhost.localdomain) by monty-python.gnu.org with esmtp (TLSv1:DES-CBC3-SHA:168) (Exim 4.22) id 1A0HtJ-0004Xv-J5 for emacs-devel@gnu.org; Fri, 19 Sep 2003 05:49:30 -0400 Original-Received: from localhost.localdomain (localhost.localdomain [127.0.0.1]) by localhost.localdomain (8.12.8/8.12.8) with ESMTP id h8J9nOCk004480 (version=TLSv1/SSLv3 cipher=DHE-RSA-AES256-SHA bits=256 verify=NO); Fri, 19 Sep 2003 11:49:25 +0200 Original-Received: (from dak@localhost) by localhost.localdomain (8.12.8/8.12.8/Submit) id h8J9nONa004476; Fri, 19 Sep 2003 11:49:24 +0200 Original-To: Oliver Scholz In-Reply-To: Original-Lines: 59 User-Agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3.50 X-BeenThere: emacs-devel@gnu.org X-Mailman-Version: 2.1.2 Precedence: list List-Id: Emacs development discussions. List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , Errors-To: emacs-devel-bounces+emacs-devel=quimby.gnus.org@gnu.org Xref: main.gmane.org gmane.emacs.devel:16481 X-Report-Spam: http://spam.gmane.org/gmane.emacs.devel:16481 Oliver Scholz writes: > FWIW this point is mentioned in the GPL FAQ. They distinguish the > case of stealing an unpublished CD from stealing a CD that has been > released elsewhere. > > http://www.gnu.org/licenses/gpl-faq.html#StolenCopy > > If someone steals a CD containing a version of a GPL-covered > program, does the GPL give him the right to redistribute that > version? > > If the version has been released elsewhere, then the thief > probably does have the right to make copies and redistribute > them under the GPL, but if he is imprisoned for stealing the > CD he may have to wait until his release before doing so. > > If the version in question is unpublished and considered by > a company to be its trade secret, then publishing it may be > a violation of trade secret law, depending on other > circumstances. The GPL does not change that. If the company > tried to release its version and still treat it as a trade > secret, that would violate the GPL, but if the company > hasn't released this version, no such violation has > occurred. I find this interpretation more than dubious. If the version has been released "elsewhere", that does not give the thief the right to make copies and redistribute them. It only gives the people I have released the software to those rights, and those that they have chosen themselves to pass the software onto. In all cases, copyright law does not apply to the media, but rather property law concerning the copies that may not be used for any purpose legally, including using as coasters. When the thief chooses to redistribute the software by copying from them, this is a) a criminal offense, since he makes use of stolen goods b) not covered by a legal licence. The media owner can sue for a), the copyright holder might then choose to sue for damages because of b). Of course, the amount of damages that can be claimed before court depend on the kind of circulation that exists legally. It would be pretty much useless for the FSF to sue for redistributed gcc copies from stolen CDs, for example. But that does not magically make the act legal or give the thiefs any rights, it just makes it unlikely that he will get sued. Things are different with specialized software under the GPL that is handed out at high price to only selected parties: there it would be reasonably easy to show damage. Or when I am developing GPLed packages under contract, I plan to release to the public eventually. If somebody steals my work and sends it on before the time, I can lose my payments. Also, I can get into a lot of additional work dealing with unnecessary bug reports if unreleased versions are floating around. -- David Kastrup, Kriemhildstr. 15, 44793 Bochum