Hi Amish
A few pointers re GPL which seek to answer your question. There is no direct reference to the scenario which you have in mind and this can be subject of making a legal assessment by an IPR expert. However, taking a logical view I would say that when you change the software, you are essentially creating something new.So, as long as you acknowledge that the source of the used code is XYZ, you should be able to rename and distribute this as a new software under GPL.
If there is any opinion to the contrary I shall surely look forward to the discussion.
HTH
- Dinesh
Based on the GPL some viewpoints -
[1] GPL permits users to publish their modified versions -
A crucial aspect of free software is that users are free to cooperate. It is absolutely essential to permit users who wish to help each other to share their bug fixes and improvements with other users.
Some have proposed alternatives to the GPL that require modified versions to go through the original author. As long as the original author keeps up with the need for maintenance, this may work well in practice, but if the author stops (more or less) to do something else or does not attend to all the users' needs, this scheme falls down. Aside from the practical problems, this scheme does not allow users to help each other.
Sometimes control over modified versions is proposed as a means of preventing confusion between various versions made by users. In our experience, this confusion is not a major problem. Many versions of Emacs have been made outside the GNU Project, but users can tell them apart. The GPL requires the maker of a version to place his or her name on it, to distinguish it from other versions and to protect the reputations of other maintainers.
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[2] The GPL says that modified versions, if released, must be "licensed ... to all third parties" and that means -
Section 2 says that modified versions you distribute must be licensed to all third parties under the GPL. "All third parties" means absolutely everyone--but this does not require you to *do* anything physically for them. It only means they have a license from you, under the GPL, for your version.
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[3] Is the developer of a GPL-covered program bound by the GPL? Could the developer's actions ever be a violation of the GPL?
Strictly speaking, the GPL is a license from the developer for others to use, distribute and change the program. The developer itself is not bound by it, so no matter what the developer does, this is not a "violation" of the GPL.
However, if the developer does something that would violate the GPL if done by someone else, the developer will surely lose moral standing in the community.
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[4] Having "fair use" rights in using the source code of a GPL-covered program -
Yes, you do. "Fair use" is use that is allowed without any special permission. Since you don't need the developers' permission for such use, you can do it regardless of what the developers said about it--in the license or elsewhere, whether that license be the GNU GPL or any other free software license.
Note, however, that there is no world-wide principle of fair use; what kinds of use are considered "fair" varies from country to country.
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[5] On using a piece of software obtained under the GNU GPL, can one modify the original code into a new program, and sell / distribute the new program commercially -
You are allowed to sell copies of the modified program commercially, but only under the terms of the GNU GPL. Thus, for instance, you must make the source code available to the users of the program as described in the GPL, and they must be allowed to redistribute and modify it as described in the GPL.
These requirements are the condition for including the GPL-covered code you received in a program of your own.
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[6] Releasing a modified version of a GPL-covered program in binary form only -
No. The whole point of the GPL is that all modified versions must be free software--which means, in particular, that the source code of the modified version is available to the users.
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At 07:35 AM 3/22/03 +0530, you wrote:
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Greetings,
Can I take a GPL software, modify it and give it the name I wishto? I do not mind keeping the credits of the people who have already done the project, but can I become the copyright owner of the new software? I wish to release the modified software also under GPL.
Bye.
Amish K. Munshi In GNU we trust. Visit http://munshi.dyndns.org/imp for my public key. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.0.7 (GNU/Linux)
iD8DBQE+e8UFbCDhioPGUZ4RAromAKCNy2FVlGrwwXjid6+b4CA61+xLhgCeJd4z SOHoC/HZ6ebXeCzz5e9UuJo= =v9Cq -----END PGP SIGNATURE-----
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Best wishes
- Dinesh Bareja (M) +91 98203 0159 (T) +91 22 2878 9067 |---------------------------------------------------------------------| | ======== http://www.ideagrid.com ======= | | winning strategies ! simple ideas ! | | Open Source Products, Services & Training | |---------------------------------------------------------------------|