IPL as a burden

Gregor Hoffleit gregor at mediasupervision.de
Tue Jan 16 15:39:14 UTC 2001


On Tue, Jan 16, 2001 at 06:54:22PM +0100, Manfred Schmid wrote:
> It is indeed interesting that GPL does not address the matter ofrunning
> a GPLed program. From a legal standpoint it might be interesting, if the
> OSD is an inegral part of GPL or not. From a non-legal standpoint I
> would argue that OSD #7 covers that matter.

By no way the OSD is an integral part of the GPL (the GPL was there long
before the OSD came into existance).

Well, the GPL says this:

    "Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of running the
Program is not restricted, and the output from the Program is covered only
if its contents constitute a work based on the Program (independent of
having been made by running the Program). Whether that is true depends on
what the Program does."

and 

  "6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License."


I.e. the GPL doesn't restrict the act of running the program, and if
somebody else redistributes the program, he can't impose any restrictions
on running the program either.

I think the GPL is quite explicit at this point.


In fact, I have to say it once again: Contrary to its name, OSD is a set of
guidelines, but not a strict definition of what makes up Open Source
software. Take all the reactions from the crowd here, and you will see that
the unrestricted right to run a program is inherent to the concept of Open
Source software.

What you're suggesting is a different concept, something like
"source-included" software. Maybe that's a third way (fifth, seventh ?) and
maybe it's viable, but please don't try to suggest that you're running
inside the concept of Open Source software.


    Gregor
    



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