ILIAS mix of GNU GPL with own terms

Frank Heckenbach frank at
Sun May 27 22:33:24 UTC 2001

Alex Hudson wrote:

> > 1. Under '2. Vertragsgegenstand' there is a bold paragraph which goes
> >    like this (in German):
> Vertragsgegenstand == contract?

object of agreement

> >    "If the licensee modifies the software and makes this modification
> >    available to third parties, he is obligated to make available a copy
> >    of the modification to the licenser at no cost, or, if if the
> >    modification is available publicly and at no cost, to inform the
> >    licenser about the source."
> Make your changes available to us free of charge. GPL states that any GPL
> program you modify must be licenced at _no_ charge, i.e., for free.

Nope. The only place the GPL talks of no charge (or rather "for a
charge no more than your cost of physically performing source
distribution") is when you distribute a binary and have to offer to
provide sources (§3b).

Lutz Horn wrote:

> It'd definitely be too much trouble to tell everybody I give a
> (modified) version of the software: "Hey, you got that from me under the
> terms of the GNU GPL but remember to adher to the additional conditions
> layed down in the AGBs of the original programer. What, they aren't
> reachable anymore? Too bad."

Not only trouble, but explicitly forbidden, the GPL is very clear on
this: "You may not impose any further restrictions on the
recipients' exercise of the rights granted herein." (§6).

The original authors may impose such restrictions on you because
they're not bound by their license(*), but you may not impose these
restrictions on others, so if the original authors would require you
to do so, you may not redisitribute it at all, §7.

(*) As long as they're the only copyright holders. As soon as they
    incorporate any code from others, given to them under GPL (and
    according to their AGB, they seem to want to do so), they would
    be bound by the GPL themselves and it would be illegal for them
    to distribute that code under their AGB.


Frank Heckenbach, frank at
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