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GNU GPL Distribution Fees and their Limitations

Authors: Benjamin Miller;

GNU GPL Distribution Fees and their Limitations

Abstract

The GNU General Public License, one of the most popular licenses for software, allows distributors of software under the GPL fees only for the physical transfer of software. Much of the literature by its creator, Richard Stallman, however, indicates that there need not be any relationship between the actual costs experienced by the distributor and the amount of money that the distributor labels a distribution fee. With the definition of a distribution fee in question, this article proposes a multiple prong test to determine what a distribution fee requires to be permissible under the GPL. To do this, many areas of law are reviewed and applied analogously. The test focuses on several characteristics of a GPL distribution fee, including its relationship to the costs that a distributor experiences, the injunctive relief available to a distributor and the perpetual nature of a fee. The goal of the test is to provide courts and distributors a thorough but simple and practical means of ensuring compliance with the terms of the GPL.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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