Viral licenses

[Arnoud Engelfriet]

amado.alves wrote:
> >> A real world heir can refuse its heritage. In object oriented programming
> >> a heir can override it. A distributed derivative cannot do either.
> 
> > Sure it can. Say "sorry" and cease distribution.
>  
> No. If I cease distribution the heir ceases to exist. This does not happen
> in real world and programming.

In most jurisdictions, once you accept the heritage, you're
stuck even if later someone discovers a $1 million debt is
part of the heritage. So you need to get an inventory of
the heritage before you accept it (or decide to refuse).

With distribution of derivatives of GPL-licensed works, you
are _not_ stuck if you only find out later the original work 
is GPL-licensed. You say "sorry" and cease distribution (ie
give the heritage back). 

> It seems I have to keep repeating this: "inheritance" is an issue only if
> you distribute.

It is, but only if you let it. If you take a GPL-licensed
work and decide you want to make derivatives and distribute
those, then yes, you will be forced to license those
derivatives as GPL. But that is your choice and not something
you were forced to do. No one forced you to take that GPL-
licensed work in the first place.

If your supplier gave you code, warranted it was his but
later it turns out the code was GPL, you say "sorry", pull
the derivative and sue the supplier for breach of warranty.
There is simply _no way_ in this scenario that anyone will
force you to re-release your derivative under the GPL.

Frankly, I don't see _any_ scenario in which you are forced
by a court to release your code under GPL, unless you promised
in advance you would, or you tried some nasty trick to 
circumvent the GPL.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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