On Fri, Aug 28, 2009 at 1:25 AM, Gora Mohanty<g...@sarai.net> wrote: > On Fri, 28 Aug 2009 00:56:12 +0530 > Anupam Jain <ajn...@gmail.com> wrote: > [...] >> However I wonder about the proprietary compiler itself. if it's >> based on GCC, it needs to be licensed under GPL, even if it's >> distributed in-house. > > It is a stretch to call that "distribution". > >> So any developer who works for this company >> and has lawful access to the executable can demand the sources >> and then distribute these sources to the general public under >> GPL. Is it possible for the company to legally prevent its >> employees from doing this? > > If by nothing else, they can can certainly fire them. > >> What happens if someone not >> "authorised" by the company gets access to the binaries illegally >> or accidently. Can he then demand the sources under GPL? > [...] > > Of course not. If one illegally acquires something (I am not sure > what you mean by "accidentally getting access"), no rights accrue > to one from such possession. Else, I could steal a TV, and claim > warranty service on it.
An example of accidental access would be when some employee donates a computer to a third party but forgets to erase the HDD. You cannot directly compare acquiring a TV with acquiring a copy of some software. There is nothing lost when people share bits and it's the fundamental reason why free software exists. When you steal a TV, you do not get the warranty rights because that would be taking them away from the "real" owner, whereas with software you can have the binaries and the source, without depriving anyone else (indeed with GPL you are forbidden from depriving anyone else of these rights). What if the company makes all its employees sign NDAs that forbid them from disclosing and/or distributing any "technology"/algorithms revealed to them by the company. In this case even though the GPL license would allow them to redistribute the binaries, doing so is indirectly made illegal by the NDA. Would you still compare distributing the binaries akin to stealing a TV, just because they are both technically illegal? -- Anupam _______________________________________________ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
