Paul wrote:

The question that raises is: How does a GPL fork differ enough to lose those waivers? Suppose I write several thousand lines of GPL patches to a GPL-released asterisk. I put the patch set and the original asterisk tarball on my ftp/http servers. I don't see much difference between that and a forked project as far as license issues go.

There is a huge difference.

An original Asterisk distribution plus patches is still called Asterisk, since it is the source code that was distributed by the owner of the Asterisk trademark.

If you modify the code and distribute it, you cannot call it Asterisk, since you are not the trademark owner. Once the name 'Asterisk' is not applicable to the source code, the GPL exceptions that Digium has granted do not apply, since they are granted to 'Asterisk', not to 'the collection of source files known as Asterisk'. It's legal semantics, but it's very important legal semantics :-)
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