Re: GPL'ed Patent Pool

[Werner Koch <wk gnupg org>]

On Fri, 10 Sep 2004 16:47:34 -0400 (EDT), C Scott Ananian said:

> Currently you are not required to accept the GPL unless you *distribute* a
> piece of GPL'ed software.  This ensures that I can make private

You got something wrong here.  Section 5 of the GPL says:

    5. You are not required to accept this License, since you have not
  signed it.  However, nothing else grants you permission to modify or
                                                          ^^^^^^^^^^^^
  distribute the Program or its derivative works.  These actions are
  ^^^^^^^^^^
  prohibited by law if you do not accept this License.  Therefore, by
  modifying or distributing the Program (or any work based on the
  ^^^^^^^^^^^^^^^^^^^^^^^^^
  Program), you indicate your acceptance of this License to do so, and
  all its terms and conditions for copying, distributing or modifying
  the Program or works based on it.
  
So you must abide to the terms of the GPL as soon as you modify the code.

> modifications without having to publish them, which is an important

The GPL does not state that you have to publish your modifications.
This is indeed an important clause and the reason why works under the
old Apple license nor Mixmaster can be considered Free Software.  In
fact, it is pretty usual not to do so and let the parties who received
a copy of the modified work decide whether they want to publish it or
not.


Shalom-Salam,

   Werner