Re: GPL and NDA Q:what defines an "organization"

["Robert E. Hartley" <rhartley at ics dot com>]

Hi,

(sorry for being so OT.  Flames pointing me at the proper place will be gladly
accepted)

I have never considered this stuff before, but recent postings make my brain
itch with some questions:

Is it true that GPL'ed code can be used within an organization with the source
undisclosed, as long as it never leaves that organization in arny form?

If so, what defines an "organization"

Does this infer that a mean spirited group could setup their own "Organization
of Nasty People Who Do Not Like the GPL", and operating in bad faith, use
GPL code amongst themselves and forbid ever sharing the source with outsiders?

Could they then have a click through pseudo license thing that once agreeing to
it, users become automatic members of this group?

Do we have to worry about the possible rise of www.gng.org (GNG's Not GNU) ?

Does this mean that the GPL will cause the source to be forever closed, in
effect, being used against itself?

What happens when software starts getting afflicted with the so called
"GNG virus?"

Sorry to be so obtuse,

-rh


Bernard Dautrevaux wrote:

> > -----Original Message-----
> > From: Richard Stallman [mailto:rms@gnu.org]
> > Sent: Thursday, July 19, 2001 1:07 PM
> > To: gcc@gcc.gnu.org
> > Subject: GPL and NDA
> >
> >
> > GPL-covered code may not be distributed under an NDA.
> > To do so is a violation of the GPL.
> >
> > If someone asks you to sign an NDA for receiving GPL-covered code that
> > is copyright FSF, please inform the FSF immediately.  If it involves
> > GPL-covered code that has some other copyright holder, please inform
> > that copyright holder, just as you would for any other kind of
> > violation of the GPL.
> >
> > It is possible for a person or company to develop changes to a
> > GPL-covered program and sign an NDA promising not to release these
> > changes *to anyone*.  This is a different case.  As long as these
> > changes are not distributed at all, a fortiori they are not
> > distributed in a way that violates the GPL.
> >
> > However, if and when the changes are distributed to another person or
> > outside the company, they must be distributed under the terms of the
> > GPL, not under an NDA.
>
> Is this true even if the code is distributed to the people with wich the NDA
> was originally signed? I mean the following scenario:
>
>     Company A provides, under an NDA, information to company B.
>
>     Using this information, B develop, based on some GPLed code,
>     a program for A.
>
>     B then distribute this program (which IS GPLed) to A, but is
>     prohibited to distribute it to anybody else (due to the NDA).
>
> Is this a violation of the GPL or is it possible, provided that B distribute
> the program to A with the normal GPL provision of the access to the source
> code?
>
> Of course if A decide to redistribute the program in any form, then this
> must be done witout requiring an NDA to conform with the GPL. My question is
> about the initial "distribution" of the NDA-covered code by B to A.
>
> TIA
>
>         Bernard
>
> --------------------------------------------
> Bernard Dautrevaux
> Microprocess Ingenierie
> 97 bis, rue de Colombes
> 92400 COURBEVOIE
> FRANCE
> Tel:    +33 (0) 1 47 68 80 80
> Fax:    +33 (0) 1 47 88 97 85
> e-mail: dautrevaux@microprocess.com
>                 b.dautrevaux@usa.net
> --------------------------------------------
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