Alexander Terekhov wrote:
> Non-commercial use IS a common scope-of-use limitation

The patent holder limited the manufacturer to selling the
amplifiers to non-commercial users. When the manufacturer
sold them to commercial users, those users did not acquire
the patent-exhaustion rights the non-commercial buyers got.

The GPL licenses copying and distribution only if the work
as a whole is distributed as specified by the GPL. Otherwise
there is no legal right to do so, and doing it anyway is
infringement on the rights of the copyright holder.
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