[lmaximus1983]

The code was compiled, so they cannot make modifications. So it is in violation.

You would be right if it was PHP / Python or something else that was interpreted.

The real point to take away is that any modifications will never reach upstream.

[mmt]

I don't understand what compilation has to do with anything, if the company (user) in question isn't distributing the software outside the company.

How is it any different from an individual making changes to GPL software and using it (compiler or interpretted) on a personal computer? Surely that individual isn't obligated to share anything, either.

> The real point to take away is that any modifications will never reach upstream.

The GPL doesn't mention, AFAIK, any such concept. I thought the point was freedom for users of software, not implied benefit to some "upstream" programmer.

IOW, since the GPL is about the user, it's about protecting "downstream" and, without redistribution, there's none to protect.

[lmaximus1983]

Maybe I didn't make it very clear. Each time I observed it the company I was contracting for was selling it to a 3rd party (where it was installed on premises) as a proprietary product.

>The GPL doesn't mention, AFAIK, any such concept. I thought the point was freedom for users of software, not implied benefit to some "upstream" programmer.

The OP specifically said that one of the benefits of the GPL is people had to contribute back because they have to make the code public. As we have discovered they don't.

[mmt]

> Maybe I didn't make it very clear. Each time I observed it the company I was contracting for was selling it to a 3rd party

Indeed, that wasn't at all clear. The comment to which I was responding only used the word "company" (singular and plural), without any modifiers, which I read as describing the same party.

That clears up some of my confusion, since that's an obvious violation (assuming source code wasn't available to those same 3rd parties, which you also didn't explicitly state).

> The OP specifically said that one of the benefits of the GPL is people had to contribute back because they have to make the code public.

Such an assertion (which I see in neither ancestor comments nor the article) still seems mistaken, so perhaps it's a strawman?

The GPL, IIUC, is meant to protect the user, aka downstream, not provide benefits to "upstream". If the binary itself isn't made public, then the source code need not be, either (though I suppose the user/customer in your scenario would have the freedom to choose to make it public, they have no obligation and little, if any, incentive).

[lmaximus1983]

From the OP

> Companies extend the BSD OSs with proprietary additions, then abandon the work and it gets lost. With Linux, everyone is forced to play nice and release under the GPL, and the work gets to live as long as people value it.

[MaxBarraclough]

Yes, you're reading me right, but I skipped over the question of software which is never released publicly - mmt is correct that the GPL does not require public release of works, instead it prevents you from releasing the binaries while withholding the source.

'Secret' purely internal use of modified GPL software is not a violation - if the modified software is never distributed publicly, there's no issue.

(The Affero GPL licence is different in that regard, and was developed as a response to the software-as-a-service trend, but we're discussing the plain old GPL.)

Imperfect enforcement is a valid point, but the terms of the GPL are effective at least some of the time. Major technology companies do not want copyright scandals, even if plenty of fly-by-night companies are willing to risk it.

[mmt]

> 'Secret' purely internal use of modified GPL software is not a violation - if the modified software is never distributed publicly, there's no issue.

As the parent pointed out, purely-internal isn't what he meant. Distribution can be non-public, which is distribution nonetheless. Such distribution would require availability of source, but that availability wouldn't be public, if the original distribution wasn't public.

The parent seems to be focusing on "theft" (GPL violation) by relatively-unknown companies, which didn't necessarily occur. It's plausible that it did, but, even if the violation were corrected, since that correction doesn't require public release of source code, is likely irrelevant to the overall discussion.

You seem to be focusing only on publically-released software, which may or may not be the majority (by whatever measure).

I have no "side" in this, just trying to understand the points, which I've failed to grasp. Are you talk past each other?

[lmaximus1983]

To preface the rest of my response. One of my points why the GPL isn't magic is that developers will just "steal" code if is easier and most companies don't bother checking whether the code is violating licenses when supplying to a third party.

> Yes, you're reading me right, but I skipped over the question of software which is never released publicly - mmt is correct that the GPL does not require public release of works, instead it prevents you from releasing the binaries while withholding the source.

The fact it doesn't prevent you from doing that. It only really prevents large companies that people are watching.

Violations happen all the time. They just happen on smaller GPL projects.

> 'Secret' purely internal use of modified GPL software is not a violation - if the modified software is never distributed publicly, there's no issue.

The impression I get is that GPL advocates like yourself seem to think that the unwashed developers that work on proprietary code don't understand the GPL and have to be constantly told how a software license works. You aren't an enlightened individual because you understand a software license. I understand the license and the arguments about it just fine.

There is an issue with stuff not going back to upstream. If a defect fix only happens in downstream that is generic enough that it should benefit everyone then only downstream benefits, this things don't get contributed back and there is no improvement of upstream.

> Imperfect enforcement is a valid point, but the terms of the GPL are effective at least some of the time. Major technology companies do not want copyright scandals, even if plenty of fly-by-night companies are willing to risk it.

The flyby night companies as you put it are the majority, not the minority. If it isn't a big project most companies won't get found out.

Again GPL doesn't magically make people contribute back, which was my original disagreement with your comment.