
doi: 10.2139/ssrn.911181
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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