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Date:      Mon, 15 May 2000 12:35:49 -0600
From:      Brett Glass <brett@lariat.org>
To:        Alfred Perlstein <bright@wintelcom.net>
Cc:        security@FreeBSD.ORG
Subject:   Re: (forw) Back door in Minivend
Message-ID:  <4.3.1.2.20000515122445.04077a10@localhost>
In-Reply-To: <20000515114427.B249@fw.wintelcom.net>
References:  <4.3.1.2.20000515115811.045e6690@localhost> <4.3.1.2.20000515094342.045eb7e0@localhost> <Pine.BSF.4.21.0005150959110.23614-100000@anchovy.orem.iser ver.com> <4.3.1.2.20000515115811.045e6690@localhost>

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At 12:44 PM 5/15/2000, Alfred Perlstein wrote:

>I'm wondering about the following situation:
>
>Let's say postgresql was GPL'd (someone suggested it recently),
>now I have some custom mods to it that I use for the backend of
>some e-commerce site that charges a fee for it's use, perhaps some
>business to business application.
>
>Shouldn't I be obligated to release my source (at least my modified
>Postgresql source) because I'm selling the application which
>incorperates a GPL'd program that I've modified even though it's
>run over the web?  Doesn't that qualify as some sort of distribution
>which would fall under the GPL's requirements that I distribute my
>code?

No, it isn't "distribution" of the work. Perens claims that it is
a "public performance for profit," something which is not covered
under the GPL now but would be under the new version.

Of course, it's unclear if this Perens' claim would stand up in 
court, since -- unlike a musical performance -- running a program
does not cause the text of the program to be transmitted or
rendered. But then, courts are ruling in favor of the MPAA and RIAA 
on similar issues, so they might wrongly rule in favor of the FSF, 
which is at least as greedy and Draconian as those other two 
organizations, IMHO.

A better example, which shows the real danger, is as follows. 
Suppose that you run your e-commerce server on Debian Linux. Under 
Perens' proposed regime, you would be forced to give away (for 
free!) the code you used in your business because it was serving
the public and running on a GPLed OS.

Talk about a nasty land grab.

--Brett


If nothing else, the brain is an educational toy. -- Tom Robbins



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