Subject: Re: JBoss aquired by Red Hat
From: Russ Nelson <nelson@crynwr.com>
Date: Mon, 1 May 2006 18:09:50 -0400

Thomas Lord writes:
 > If the program were not a trade secret, that would be the end of
 > the story.   Because the program *is* a trade secret, upon receiving
 > notice from Customer, these third parties can have their GPL rights
 > revoked.

They don't have any GPL rights.  They did not properly receive a copy
of the program.  If I steal a proprietary program and give a copy to
you, you don't have any rights to that program.  If I break a trade
secret agreement for a piece of software, and give a copy to you, it
doesn't matter what license the code is under; the license is not
applicable since I don't have the right to redistribute the code.

 > > Every branch of your concern ends up with "and X screwed up and hurt
 > > himself." 
 > No.  One argument (about Customer's rights) says that nobody
 > screwed up but Customer received a GPL distribution with
 > forbidden extra conditions attached.

Whoever imposed the conditions screwed up.  It's too bad that Customer
didn't receive a copy of the  code they could redistribute, but hey
everybody wants a pony, too.

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