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The Economics of Open Source
Jason Kau writes " is a working paper on the economics of open source software from the Nation Bureau of Economic Research entitled "The Simple Economics of Open Source". Focuses primarily on Apache, Perl, and Sendmail but mentions Linux, Debian, VA Linux, etc. It's a 40 page PDF document. Some background in Economics would probably be helpful."
Actually the 'common wisdom' seems to be correct here. You have to remember that GPL operates under *copyright* law. Thus if you are not copying ... there is no restriction at all
That's the thing about common wisdom, it *ALWAYS* seems correct. It this case, however, it is not even a close question:
If you use computer software, you are copying. Three Circuit Courts cases have held unequivocally (MAI, Southeastern and Apple) that the loading of a computer program from any media into RAM, and the subsequent execution of that program from constitutes reproduction under 35 U.S.C. s. 106. There exists no cases holding to the contrary.
Until the Congress changes the law, or the Supreme Court opines otherwise, unlicensed use of software constitutes Copyright infringement.
Copyright has nothing to say about what you do with your copies
You can't imagine how badly mistaken is this view. Copyright law provides specific exclusive rights in Section 106. Unless you are granted consent, or can find an exception in sections 107 through 120, you are infringing. This is true even if you are the owner of a copy. Ownership of a copy (which is distinct from possession of a copy) does grant certain rights set forth in Section 109 and in the case of software section 117 of the Act. Neither provides a general right to reproduce, and hence, to use, the software.
The common wisdom, as you have stated it, is clearly in error. See a lawyer before you rely on it.
Try
http://www.people.hbs.edu/jlerner/publications.
for the free download of the working paper.