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From: Scott McMurray (me22.ca+boost_at_[hidden])
Date: 2007-11-29 09:59:29


On 29/11/2007, Alexander Terekhov <terekhov_at_[hidden]> wrote:
>
> Mathias Gaunard wrote:
> >
> > Martin Schulz wrote:
> >
> > > If you want to release your code a open source but reserve commercial
> > > uses to your own, you may choose the GPL
> >
> > The GPL perfectly allows commercial use. It's just that it may not be
>
> Not so according to http://en.wikipedia.org/wiki/Frank_Easterbrook
> ("Frank Hoover Easterbrook (born 1948) is Chief Judge of the United
> States Court of Appeals for the Seventh Circuit. He has been Chief Judge
> since November 2006, and has been a judge on the court since 1985.
> Easterbrook is noted for his use of economic analysis of law, his
> legalist approach to judicial interpretation, for his clear writing
> style, and for being one of the most prolific judges of his generation.
> Easterbrook is one of the most prolific and most cited appellate judges
> in America."):
>
> http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2454_008.pdf
>
> "Authors who distribute their works under this license, devised by the
> Free Software Foundation, Inc., authorize not only copying but also the
> creation of derivative works--and the license prohibits charging for the
> derivative work. People may make and distribute derivative works if and
> only if they come under the same license terms as the original work.
> Thus the GPL propagates from user to user and revision to revision:
> neither the original author, nor any creator of a revised or improved
> version, may charge for the software or allow any successor to charge.
> Copyright law, usually the basis of limiting reproduction in order to
> collect a fee, ensures that open-source software remains free: any
> attempt to sell a derivative work will violate the copyright laws, even
> if the improver has not accepted the GPL. The Free Software Foundation
> calls the result ``copyleft.''"
>

That's a rather interesting quotation, given that the GPL itself
contains the following sentence: "You may charge a fee for the
physical act of transferring a copy, and you may at your option offer
warranty protection in exchange for a fee."

~ Scott


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