RE: GPL and NDA

[Bernard Dautrevaux <Dautrevaux at microprocess dot com>]

> -----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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