Microsoft use linux inhouse 13582

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The key is "made a copy". When considering how to apply GPL (or any license, for that matter) to a situation, there are actually two questions you must ask:

1. Do we even care what the license says, or does the license not even apply to this situation?

2. What does the license say in this situation?

In the case of most licenses (e.g., the typical EULA), the first question is sometimes difficult, because these licenses are trying to both allow you to do things that you would not otherwise be allowed to do, *AND* they are trying to restrict you from doing things that you would otherwise be allowed to do.

You then end up in the whole mess of contract formation law, consideration, and things of that ilk, and it gets murky.

GPL, on the other hand, comes from a different direction. It is only trying to expand on what you are otherwise allowed by copyright. So, question #1 is much easier when considering GPL:

1. Am I doing something that would be a copyright violation if I did not get the copyright owner's permission?

If the answer is "no", then we can stop right there, and you can do what you wanted to do. Only if the answer is "yes" do we have to look and see if GPL allows it.

Making a copy and giving it to a friend is something that is a copyright violation, and so permission is required.

Taking a copy that was made with permission of the copyright owner, that you are in lawful possession of, and disposing of possession of that copy by giving it away or selling it is *not* a copyright violation, so in that case, the answer to #1 is "no".

-- --Tim Smith