[OT} How to un-GPL parts of a GPL'd module.

Mark McEahern marklists at mceahern.com
Wed Oct 9 10:26:11 EDT 2002


[Lulu of the Lotus-Eaters]
> Moreover, I do know that "IP" is different than physical object in
> respect to cost of reproduction.  And that actual difference ought to be
> recognized and embraced in law rather than having the distinction denied
> and obfuscated in ideology and law.
>
> My silly little parody was just trying to point to a case of
> -permission- (or lack thereof) where no one would even think to ask for
> help with circumvention.  Whatever differences there are between a watch
> and some GPL code, they have in common that the owner doesn't authorize
> me to use their thing except under certain (reasonable) restrictions.
> My hypothetical jewler puts the condition on the watch that I have to
> pay a certain amount of money before I can have it... he doesn't have
> to, it's well in his rights to give it to me, or to reduce the price,
> but that's what he does.  Likewise, the author of the GPL code decides
> to require compliance with the GPL is a condition for redistribution of
> derived works.  Maybe she'll change her mind if asked, but that's what
> she has stated for now.  I don't *need* to have the watch, and I don't
> *need* to use someone else's codebase.... if I want to, I'll pay the
> price.

In questioning the analogy, I wasn't even thinking about the cost of
reproduction.  I was thinking more along these lines:

In the case of the stolen watch, it's clear and obvious that harm has been
done.  It would take quite a convoluted argument to show that we don't all
have an interest in the government enforcing laws designed to prevent people
from stealing watches.  All I'm really saying (and this is clearly nothing
new) is that the same cannot be said for intellectual property.  It's not on
the face of it obvious that any significant, lasting, relevant harm is done
in violating the wishes of the creator regarding how the work is to be used.

Of course, then the next question is, "What is their motivation to release
their work?"

Yadda, yadda...

Cheers,

// mark





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