GPL & "non profit use only"

[Neil Brown]

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Allan Hardy wrote:

> If the restrictions was added by someone other then the original
> developer/copyright holder - well that would be a pure violation of GPL
> and I think then it would be meaningless.

I would argue that it might put the distributor in a position of
infringement of copyright in any GPL'd works he was distributing under
the modified licence, but, were I a downstream user, I would consider
there to be a degree of risk in ignoring the term in respect of any
modifications which he had made, since one could reasonably argue that,
whilst his distribution of the combination of his works and the original
GPL'd works lead to a copyright infringement in the original GPL'd
works, that does not stop his modifications from being his copyright,
and thus licensable under terms of his choice.

In short, it is not clear to me that his terms would not be applicable
to his modifications, and I would consider that a risk.


- --




Neil

neil at neilzone.co.uk | http://neilzone.co.uk

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