Question on OSD #5

[Matthew Flaschen]

Chris Travers wrote:

> FOUO and NDA's may or may not run amok with the GPL (any versions), but IANAL.

It depends what you're using the NDA's for.

> But in a case like FOUO, if the restriction was "you may only use this
> as part of official business by the legal entity which created the
> modifications" I don;t think you would run into problems.

It depends.  If one member of the entity is giving the modifications to
another member, that's fine.

> At very least one could argue that this was mere internal distribution and not
> distribution to end users.

Correct.

> Similarly, if I hand you a modified version of GPL v2 software with an
> appropriately scoped NDA designed to prevent you from distributing the
> software with my name attached (for example, designed to protect my
> company from competitors knowing what I was up to),

I think that's probably fine, since it doesn't apply to the code.

> Similarly under the GPL v3, if I release early pre-beta software under an NDA
> which aslo states that this is distributed solely for partners to
> contribute back bugfixes which are hampering integration with their
> products, that would seem to be allowed under the GPL v3.

I assume you mean if the partners are "making or running the covered
works [...] exclusively on your behalf, under your direction and
control, on terms that prohibit them from making any copies of your
copyrighted material outside their relationship with you."

Of course, this is a very limited exception, and is more intended for
subcontractors then general "partners".

Again, IANAL and this is not legal advice.

Matt Flaschen