Unsure of GPL privilege to distribute

[Stephan]

Hello list,

Matthew FLASCHEN wrote:
>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.
>
Even though it seems the topic I posted belongs in another list,
you've all very generously helped out. Thanks go to Joseph, Matthew.
and Hendrik, who I mistakenly disregarded his answers. Sorry Hendrik.

I'm smarter now and will be careful to always base future software
on at least one GPL library to force GPL conveyance. I think that's
the lesson learned, although the distribution issue remains a
sticking point in promoting software freedom.

Regards,
Stephan