[oclug] Re: GPL and embedded linux

[Don Kelly]

On Sun, Jun 13, 2004 at 06:46:35PM -0400, Francis J. A. Pinteric wrote:
> So, saying that "this programme may be distributed only amoung green
> Alpha Centauran male-like creatures" is not a violation of the GPL
> since the GPL does not concern itself with this matter. The same may be

If you FORCE the person next down the line to adhere to such a clause by EXPLICITLY including it with the software, you CREATE a RESTRICTION which modifies the rights granted to that person by the original copyright holder.  This is an obvious violation of the terms of the GPL you accepted when you exercised those same rights granted to you (by distributing it).

If someone IMPLICITLY creates such a restriction by only distributing the software to particular people, no additional restriction has been created.  At worst, they're probably just guilty of being segregational.

> said for imposing the limitation that the software may be distributed
> only for non-commerical purposes. The GPL makes no mention of this, yet
> we find many GPL'd software with that additional disclaimer appended and
> nobody seems to mind.
> 

I cannot recall any GPL'd software with this limitation.  There ARE other free software licenses where this is very popular.  If any exist, I would expect the limitation was imposed by the ORIGINAL COPYRIGHT HOLDER.  If it had been imposed somewhere in the distribution chain, society would've just routed around it.

Don/