Subject: Re: JBoss aquired by Red Hat
From: simo <s@ssimo.org>
Date: Sun, 30 Apr 2006 00:28:24 -0400

On Sat, 2006-04-29 at 20:10 -0700, Thomas Lord wrote:
> Richard Stallman wrote:
> >     Please remember that we are talking about a modified program, not a wholly
> >     original one.   When you give your modified program to the customer, you
> >     are exercising *your* GPL rights that you got from somebody else.
> >
> > Yes, as regards the code you received.  In this case, the NDA applies
> > only to the new code that you wrote.
> >
> >   
> We are talking about developing a modified version of a GPLed program under
> an NDA and distributing that program, under the terms of the GPL, to the
> other signatory of the NDA.
> 
> The "new code" is a derived work and what is being distributed to the 
> customer
> is a modified version of a GPLed program from some third party.

You own the copyright of those parts, so you can distribute that part of
the code under an NDA without any problem. The work you give to your
customer is wholly under the GPL, you just agree with him to not
distribute your own code to any third party. You can still distribute to
anyone the original work, your customer can distribute the work you gave
him _only_ under the GPL to anyone. It's only you that agreed to not
distribute the work.
The GPL is about protecting the party that receives the code, not the
party that distributes it (from this POV at least).

Simo.