Re: May I publish a Windows Installer for GNU Emacs?

[Oliver Scholz]

FWIW this point is mentioned in the GPL FAQ. They distinguish the
case of stealing an unpublished CD from stealing a CD that has been
released elsewhere.

http://www.gnu.org/licenses/gpl-faq.html#StolenCopy

        If someone steals a CD containing a version of a GPL-covered
        program, does the GPL give him the right to redistribute that
        version?

        If the version has been released elsewhere, then the thief
        probably does have the right to make copies and redistribute
        them under the GPL, but if he is imprisoned for stealing the
        CD he may have to wait until his release before doing so.

        If the version in question is unpublished and considered by a
        company to be its trade secret, then publishing it may be a
        violation of trade secret law, depending on other
        circumstances. The GPL does not change that. If the company
        tried to release its version and still treat it as a trade
        secret, that would violate the GPL, but if the company hasn't
        released this version, no such violation has occurred.


    Oliver
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