Re: Linux GPL violations.

From: Mike A. Harris (mharris@meteng.on.ca)
Date: Tue Jul 25 2000 - 02:49:44 EST


On Tue, 25 Jul 2000, Andreas Bombe wrote:

>Date: Tue, 25 Jul 2000 02:40:48 +0200
>From: Andreas Bombe <andreas.bombe@munich.netsurf.de>
>To: Mike A. Harris <mharris@meteng.on.ca>
>Cc: Joseph Elwell <jelwell@yahoo.com>,
> Linux Kernel mailing list <linux-kernel@vger.rutgers.edu>
>Subject: Re: Linux GPL violations.
>
>On Mon, Jul 24, 2000 at 02:28:30AM -0400, Mike A. Harris wrote:
>> On Thu, 20 Jul 2000, Joseph Elwell wrote:
>> >I recently got a virign webplayer
>> >(http://www.virginconnectme.com/). It runs Linux as
>> >it's operating system. There's no mention of Linux or
>> >the GPL in the license that is included in the manual.
>> >In fact the license in the manual concerning the
>> >"Software" is rather restrictive. And there's no
>> >mention of how to obtain the source for the kernel.
>>
>> Hmm. I don't know for sure that a product using Linux must state
>> that it does, however if you know it does and can prove that, I
>> believe you can ask them for the source, and the source of any
>> modifications must be provided.
>
>If they distribute GPL software in binary form they do have to either
>include the source or a written offer for the source. GPL clause 3 a)
>and b). If they don't include source and don't lose a word about that
>they are violating the license.

Correct, however unless their own source includes GPL they don't
need to provide THEIR source. Only source of GPL and any
modifications. Providing source can be as simple as saying
ftp://ftp.kernel.org/pub/linux/ in an email...

I doubt that they have a stock kernel though in an embedded
device so it likely has kernel modifications, and the above
doesn't make much difference.

-- 
Mike A. Harris                                     Linux advocate     
Computer Consultant                                  GNU advocate  
Capslock Consulting                          Open Source advocate

... Our continuing mission: To seek out knowledge of C, to explore strange UNIX commands, and to boldly code where no one has man page 4.

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