4 ms·
>How exactly are they doing this without either violating the GPL or failing to keep their patches secret? Some more excerpts: --------------------------------
by xyz123xyz 10y ago
>How exactly are they doing this without either violating the GPL or failing to keep their patches secret?
Some more excerpts:
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>>54842691
>Are they not redistributing the source?
Correct
> Are they forbidding others from redistributing the source?
Correct.
> Seems to me they're saying "if you redistribute the source, we won't do business with you again/charge you a lot for a renewal".
>How is this illegal?
Hmm so there is Licensor (Linux Devs), they place their copyrighted work out there, under conditions.
There is Licensee (Brad Spengler, Grsecurity), he takes the copyrighted work under the terms and conditions and creates a derivative work (not allowed under pure copyright, only permissible as per the will of the rightsholder, as stated in the agreement)
The license states that, for permission to create a derivative work, one must allow others who gain access to that derivative work to redistribute said work, modify it, so on and so forth (otherwise there is no permission under the agreement).
Licensee creates derivative work.
Licensee sublicenses derivative work to sublicensee. Licensee stipulates that sublicensee may not redistribute derivative work. Licensee makes threats to ensure compliance with this demand that sublicensee not distribute derivative work. These demands are met: sublicensee dares not redistribute the work.
The conditions the Licensor placed on his work have been spurned, ignored, and abolished by the actions of the licensee.
Licensee has frustrated the purpose of the grant he has been give by licensor. It does not matter specifically how he went about doing so. He did so.
>You can argue that they're assholes, but this isn't illegal.
So in other words you are saying "you can argue that Brad Spengler has treated the agreement in... bad faith". Thank you for restating a portion of my case, in inadvertently
"But JUDGE, bad faith, when it comes to business dealings, contracts, grants, and the like is fine and good!"
>bla bla
So have you attended law school and passed the bar?
I have.