Re: Do I have to release the patch for a GPL software under GPL?

[Alexander Terekhov]

Gordon Burditt wrote:
[...]
> can the customer distribute the *modified version*, but not Evil
> Bill's patch used to create it, and satisfy the GPL?  I think the
> answer is yes.  

If the license on patch imposes forbearance from "first sale" right 
under 17 USC 109, then the answer is "no, or else...". Failure to 
fulfill this covenant will breach license agreement and entitle the 
lisensor to damages. Customer may still do it though. The contract 
laws recognize a concept called "efficient breach" which encourages 
breach of a contract if it's economically efficient to do so. 
Compliance with a contract is almost always voluntary -- if you 
choose not to comply, then you don't have to. You merely have to 
compensate the non-breaching party for his expectancy interest. 

regards,
alexander.