[Dylan16807]

> Giving away the first copy only establishes a license between you and the first recipient. That recipient in turn grants a license to whoever he gives it to, if and when he chooses to do so.

That's a logical way of looking at it, but it disagrees with the GPL FAQ. Note especially "If the version has been released elsewhere, then the thief probably does have the right to make copies and redistribute them under the GPL".

Plus, you can have a unilateral contract that's open to anyone willing to accept the terms. You don't have to take any action per person to 'establish' it.

[foobarbazqux]

The thief "probably" has the right to make copies because the diff between what he stole and what is readily available elsewhere for free is nil, and he can go and grab a copy with almost zero effort. But if A gives a copy only to B (it has still been "released elsewhere"), B keeps his copy to himself, and the thief steals a copy from A, the thief does not have any rights simply because B has a copy. That would be absurd! The FSF lawyers use the word "probably" because they believe this is what the court would find if a thief distributed something like an unmodified version of Linux taken off of a stolen hard drive.

However I was wrong about contracts vs. licenses. Obviously I am not a lawyer.

http://www.groklaw.net/articlebasic.php?story=20031214210634...