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New So do you agree with Scott's assessment?
(First response to my initial post.)

Since the FSF clearly states that giving the code to an outside contractor counts as distributing your code as GPL, corporations would have to consider that. But to say that you can't even go through a due dillegence process without giving away your proprietary code seems designed to scare companies away from using GPLed code. Laziness, or hit-whoring?
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Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
New Yes. Mostly.
If you distribute GPLed code to a contractor, the contractor can do with it as they like.

Where I quibble is that there are things that look a lot like distribution but aren't. For instance if auditors came in to audit your code on site, then I don't think that that would count as distribution. The GPL FAQ agrees on that. So there is a form of due diligence that does not trigger the GPL.

I further suspect that if a court of law required you to hand over code as evidence in a court case, that would also not count as distribution. I don't know the rationale that a lawyer would use to not count it as distribution, but I would be shocked if there isn't one.

Without knowing that rationale, I can't say what its boundaries are and what kinds of pseudo-distribution you can get away with.

But if you distribute, then the GPL is very clear about what happens next.

Furthermore, as a practical matter, if nobody knows about the copyright violation, it may not be a big deal. You would be amazed at the kinds of copyright violations that are ignored in practice. If you're trying to keep your nose clean, you don't want to go there. But unless a copyright holder gets upset enough to go after you (and GPL copyright holders have not demonstrated themselves to be so aggressive), it doesn't in some sense matter that you're technically in violation.

Cheers,
Ben
I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
New In that case, you're being compelled
I don't know the rationale that a lawyer would use to not count it as distribution, but I would be shocked if there isn't one.
Odd analogy alert!

Suppose you are an ISP and you discover one of your clients is hosting a child porn site. If you were compelled to turn over the images as evidence, you're clearly not "distributing" them in any meaningful sense.
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Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
New That's the idea - but how far does that go?
There are two extremes. I know what happens there.

What is the boundary case?

Cheers,
Ben
I have come to believe that idealism without discipline is a quick road to disaster, while discipline without idealism is pointless. -- Aaron Ward (my brother)
     FUD FUD FUD FUD - (drewk) - (19)
         The first bit is right. - (admin) - (17)
             Really? - (drewk) - (15)
                 Shouldn't matter. - (admin) - (1)
                     If you _give_ the contractor the code, maybe. - (imric)
                 The right definition of distribute is set by copyright law - (ben_tilly) - (12)
                     Yes it would - (jake123) - (11)
                         Doesn't GPL prohibit additional terms? - (drewk) - (8)
                             This is a FAQ. - (Another Scott) - (7)
                                 Note that this disagrees with Jake's understanding above. -NT - (ben_tilly)
                                 That contradicts what Jake said - (drewk) - (5)
                                     Various corrections - (ben_tilly) - (4)
                                         So do you agree with Scott's assessment? - (drewk) - (3)
                                             Yes. Mostly. - (ben_tilly) - (2)
                                                 In that case, you're being compelled - (drewk) - (1)
                                                     That's the idea - but how far does that go? - (ben_tilly)
                         You didn't do your research very well? - (ben_tilly) - (1)
                             Okay, so we use the Copyright definition of distribute - (drewk)
             what about an IP statement that all contractors sign - (boxley)
         I think it's half right - (Arkadiy)

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