[cc-community] Do entity transactions constitute distribution
Emerson Clarke
emerson.clarke at gmail.com
Fri Jan 11 11:11:26 EST 2008
I have a question regarding the GPL 3, and i guess it also relates to the GPL 2.
Its basically this, if under the definition of section 10. in the GPL
3 an entity transaction takes place. Defined as follows:
"An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts."
Does this then mean that the entities involved in the transaction must
make the source code available to the general public ?
For example, lets say a start up company builds some technology based
on open source software. But the company only uses that technology to
deliver services. That is, its only ever deployed in a server
environment (never shipped, packaged, or directly sold) . Normally,
its my understanding that they do not have to make their modifications
to the open source software available, since there was never any
distribution. This is what many companies like Google do. But what
happens when that company is sold on ?
Its one thing to use open source software to deliver services, im ok
with that. But its another thing to sell a technology company based
on open source code and make millions from the transaction without
ever having to make the changes available under the terms of
distribution when it was that very open source code which created the
value in the first place.
If the intent of the distribution clause is to protect the rights and
the intentions of the copyright holder, then surely entity
transactions should be counted as a form of distribution... after all,
financially speaking they are the no different to selling a boxed
product, its just that the revenue is all in one hit, and your only
selling one copy.
I am aware that the GNU Affero GPL offers additional restrictions on
what it means to convey works with respect to use over a network, but
i dont think it covers the issue of entity transactions.
Emerson
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