Firstly, I don't see the problem with the enforceability of the GPL in Australia. It is possible that the author thinks that it is US-centric because of the geographical exclusion provision, but licences (and copyright and patents) are enforceable in Australia in a similar way to the US - In fact Australia seems to follow the US on technology issues in a lot of cases.
1. Can you break the GPL by working on a GPLed piece of software in a country where some important GPL exclusions cannot legally be excluded, releasing the resulting software under another license (assuming one of the exclusions blocked by law is that forcing release of derivative products under the GPL), and then modifying that software back in the USA into a proprietary version containing GPLed code?
I would think not - If it's based on the US version, then someone somewhere must have violated the licence. This is one of the strengths of the DMCA and related international conventions and legislation (including the Australian Copyright Ammendment (Digital Agenda) Act). If it is brought back to the US in proprietry version, then the GPL can be enforced. Otherwise you could fiddle with MS products outside the US and re-introduce them - no way the US Courts would allow that.
2. If software developed in a country where not all of the GPL can be legally applied is then exported to the US, is the US user bound by the full terms of the GPL, or just those which are legally binding in the other jurisdiction?
Unclear - but if the software is in the US and the infringement is in the US, then the licence will probably be enforced (think Skylarov (sp?)).
Slashdot Mirror
1. Can you break the GPL by working on a GPLed piece of software in a country where some important GPL exclusions cannot legally be excluded, releasing the resulting software under another license (assuming one of the exclusions blocked by law is that forcing release of derivative products under the GPL), and then modifying that software back in the USA into a proprietary version containing GPLed code?
I would think not - If it's based on the US version, then someone somewhere must have violated the licence. This is one of the strengths of the DMCA and related international conventions and legislation (including the Australian Copyright Ammendment (Digital Agenda) Act). If it is brought back to the US in proprietry version, then the GPL can be enforced. Otherwise you could fiddle with MS products outside the US and re-introduce them - no way the US Courts would allow that.
2. If software developed in a country where not all of the GPL can be legally applied is then exported to the US, is the US user bound by the full terms of the GPL, or just those which are legally binding in the other jurisdiction?
Unclear - but if the software is in the US and the infringement is in the US, then the licence will probably be enforced (think Skylarov (sp?)).
How about A.R.Mani?