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I found an article on the german Wikipedia https://de.m.wikipedia.org/wiki/Linux-Klausel https://de.m.wikipedia.org/wiki/Linux-Klausel The referenced article

• em-bee 5y ago
  thank you. so it wasn't that it was not possible to give away stuff for free but rather that there was a proposal to change the law which would have made it difficult, if not impossible, and as a result the added clause ensured that it would remain possible, at least as long as it is given to the general public.