Is it OK to release GPL3 code of a project which is now private?

Question

So, I've just discovered that a VST Synth that I've used (and reviewed) in the past that was previously free (with optional donation) is now paid-only if you want VST3, AAX and commercial use. [1]This synth is GPL3 (or rather, was until the .01 update which has accompanied the change of licence), and the GPL3 code is still up on github[2].Is it OK for me to do a release of this from the GPL3 code that I have now forked on github[3]? As I understand it, it should be, but I've not done anything like this before. The code was actually a fork of someone else's abandoned code that they got permission for, and they apparently have permission of the original writer to make it private now.[1] - https://www.discodsp.com/obxd/ [2] - https://github.com/reales/OB-Xd [3] - https://github.com/djaychela/OB-Xd

mindcrime · Accepted Answer

I am totally not a laywer, but as somebody who's been participating in and/or observing the F/OSS world for a couple of decades now, my belief is that it's a common practice to do what you're describing. That is, "project has code under F/OSS license, project goes private/proprietary, so somebody forks the last version that was released under the F/OSS license." That pattern has played out over and over again, and I don't recall ever hearing of any legal consequences for doing so. Now, their might have been some legal saber-rattling or threats and insinuations hurled around. But not aware of a case where anybody actually lost a legal case or was punished for doing that.But again... IANAL, this is not legal advice. If you're seriously concerned, the best bet is to contact a licensed attorney who practices in your area and pay them to give you advice.

pestatije · Answer

Make sure nothing from the .01 update shows up in your fork...if you ever saw any of that code you might want to look at clean room design [5][5] https://en.wikipedia.org/wiki/Clean_room_design