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> It is the FSF's position that *distribution* of GPLed code under an NDA is > prohibited by GPL because the NDA would impose a further restriction > on redistribution.[1] > > What you *may* do, *according to the FSF*, is agree to work with or on a > GPLed program under an NDA in conditions in which you are not receiving > or making distributions.... > > As a personal observation: I think the FSF is dead wrong here. I would assume that this loophole exists because the GPL is a unilateral waiver of some of the author's rights under copyright law, and as long as the recipient of a program does nothing to *copy* it, the author has no leverage. (You could attach non-copyright-related conditions by distributing the program with a click-wrap license, but then enforcing the license becomes a matter of contract law rather than copyright law.)
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