Let's say a company modifies a GPLv3 software. All it's employees can use the modified software and have access to the modified source code. The company's employees don't have the right to distribute the modified software outside the company because it violates some employee contract or an NDA.
Is this modified work considered a "private" copy of the company or is it a violation of GPL freedom number 4: "the freedom to distribute the modified software"?
The FSF believes, in the jurisdictions they have considered, that the transfer of GPL-licensed software by an employer to an employee, for the fulfillment of their responsibilities as an agent of the employer, does not constitute distribution, so any conditions that GPL imposes on distribution do not apply:
Is making and using multiple copies within one organization or company “distribution”? (#InternalDistribution)
No, in that case the organization is just making the copies for itself. As a consequence, a company or other organization can develop a modified version and install that version through its own facilities, without giving the staff permission to release that modified version to outsiders.
However, when the organization transfers copies to other organizations or individuals, that is distribution. In particular, providing copies to contractors for use off-site is distribution.
If the employee's responsibility is to modify or use the software, I see that as being covered by this explanation. (But I'm not lawyer and don't know much about employment law; I can only relate the opinions of the FSF's lawyers.)
If you receive an open source application from your employer, it hasn't been distributed to you, but to your employer, so you haven't received any rights through that distribution. (However, I have been told that handing software to contractors might be different, so the employer should be careful).
Even if you had rights, you don't have the source code. Even if you are physically capable of doing so, you are not allowed to just take someone else's source code. You might have the right to ask for it, but until you get it, you don't have it. And if you don't have the source code, you are incapable of legally distributing the software under the GPL license because you cannot possible fulfil your obligations.
Only if you are in a position in the company where you could legally take the company's source code and hand it to someone, only then can you legally publish anything under the GPL license. Even then you could be fired if you are acting against your obligations as a paid employee.
“Exactly which law” - first, copyright law. Second, anti-hacking laws. Third, employment contracts. Fourth, you don’t have any rights to the code, so you can’t legally give it away under GPL license. In summary you will get fired, they will get you for unauthorised access to a protected computer, and everyone will go after you for copyright infringement.
GPL allows any use, as long as you (or the company) complies with the conditions. They state, in t nutshell, that you can do as you please, but if you distribute (outside the company, in this case) they must distribute full source. In your scenario, there is no outside distribution, they'd be in the clear.
Note IANAL, don't even play one here.
In any case, this is a very unlikely case. The risk and probably hassle going forward (say they later might want to build a commercial, closed product, on the "internal tool", or share it with e.g. a collaborating entity -- a provider or a client), they get a lot of trouble cleaning it up.
The GPL gives you no rights at all when you receive source code. The only one who can grant you any rights is the person giving you the source code. If this person hsa been given the source code licensed under the GPL, it means that they got it under the condition that they may only distribute it to third parties under the conditions of the GPL.
You cannot, on your own, assume that they intended to give it to you under the conditions of the GPL and passing the source code on may put you in breach of your contractual obligations/conditions with them.
You have no right to demand they comply with the GPL: only the person holding copyright to the code can enforce compliance. You may choose to tell on them to the copyright holders and those may take legal steps for enforcing compliance. It may not leave you in good standing with your contractual partners. Whether they have legal avenues against you for exposing their behavior will very much depend on jurisdiction.
