Does moving a copy to a majority-owned, and controlled, subsidiary constitute distribution?
Whether moving a copy to or from this subsidiary constitutes “distribution” is a matter to be decided in each case under the copyright law of the appropriate jurisdiction. The GPL does not and cannot override local laws. US copyright law is not entirely clear on the point, but appears not to consider this distribution. If, in some country, this is considered distribution, and the subsidiary must receive the right to redistribute the program, that will not make a practical difference. The subsidiary is controlled by the parent company; rights or no rights, it won’t redistribute the program unless the parent company decides to do so.
Whether moving a copy to or from this subsidiary constitutes ‘distribution’ is a matter to be decided in each case under the copyright law of the appropriate jurisdiction. The GPL does not and cannot override local laws. US copyright law is not entirely clear on the point, but appears not to consider this distribution. If, in some country, this is considered distribution, and the subsidiary must receive the right to redistribute the program, that will not make a practical difference. The subsidiary is controlled by the parent company; rights or no rights, it won’t redistribute the program unless the parent company decides to do so.
