Re: If not GFDL, then what? (original) (raw)

"Joe Moore" joemoore@iegrec.org writes:

Anthony DeRobertis said:

On Mon, 2003-10-13 at 10:47, Joe Moore wrote:

Many technical books come with a CD of examples from the book, or similar material. A copy of the source could easily be distributed on that CD.*

  • The book could not legally be sold without the CD, since the seller would not be fulfilling the reqs of the GPL.

The publisher couldn't legally sell the book without the CD (or 2(b) notice); however, anyone else could buy a copy from the publisher, remove the CD, and resell it. See the "first sale" doctrine.

But the reseller would be distributing a modified GPLd work (without "source"), so would be bound by the terms of the GPL.

(Unless "removing the CD" does not create "a work based on the Program" subject to the GPL's terms.)

Copyright law doesn't stop modification -- at least in the USA, or other places where the First Sale Doctrine applies. It's quite impractical to actually modify software, but the GPL doesn't stop me from scribbling on the hard drive of this machine and then handing it to you.

What the GPL talks about is a modified copy -- a derivative work.

Since the reseller is doing no copying, but merely acting on physical objects -- not making any creative or artistic changes -- I suspect what he's doing is compliant with the GPL, especially if the particular author says it is.

-Brian

-- Brian T. Sniffen bts@alum.mit.edu http://www.evenmere.org/~bts/

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