Unsure of GPL privilege to distribute

Matthew Flaschen matthew.flaschen at gatech.edu
Tue Dec 30 22:54:10 CET 2008


Stephan wrote:
> ---------
> 1. The software contains one organizational 'Copyright Company name'
>    copyright and one personal 'Copyright Author name' copyright to
>    protect the life of the software. Who owns the software now that
>    the author no longer works at the company?

IANAL, but most likely the company, as a work for hire.
> 2. Assume that due to contractual text the author does not own
>    the software and rather the company owns it entirely. May
>    the author distribute the software now anyways?
Only if the company gave permission to distribute it under the GPL.

> 3. It seems that the key to answering #2 is determining if the
>    software was 'distributed' under the terms of the GPL v2. How
>    can the author know if the software he wrote was 'distributed'?

Even if some employee distributed it, that doesn't mean the company
necessarily consented to put the software under the GPL.
> 5. Is there any chance of a criminal lawsuit in the U.S. or europe
>    if the author distributes the software?

I think you mean a civil lawsuit, and yes.

Matt Flaschen




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