Rjack wrote:
Now you're making up your own GPL.

It is always permitted to distribute GPLed code under
the GPL. We are discussing when and how it is permitted
to distribute the code otherwise.

A breach of contract term does not determine whether a
> copy is "lawfully made" under the Copyright Act.

A copy made without permission is not lawfully made.
That permission may be granted by a license, in which
case the terms of the license must be honored.
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