Re: Linux GPL violations.

From: Mike A. Harris (mharris@meteng.on.ca)
Date: Tue Jul 25 2000 - 06:57:29 EST


On Tue, 25 Jul 2000, Andreas Bombe wrote:

>> Correct, however unless their own source includes GPL they don't
>> need to provide THEIR source.
>
>Correct. But the GPL code is still there, and that's what it's all
>about.

Certainly. Any GPL code requires source availability.

>> Only source of GPL and any
>> modifications. Providing source can be as simple as saying
>> ftp://ftp.kernel.org/pub/linux/ in an email...
>
>No. Read clause 3 of the GPL. Distributions of executables generated
>from GPL code require it to be accompanied either with the source or a
>written offer for the source. They have to make the offer, not wait for
>email.

Correct. However, in practice, unmodified sources are often
acceptibly pointed to from their originating source. This allows
one to obtain the latest sources as well. They are required
nonetheless to provide source themselves should someone want it,
but in practice pointing out where it is available online is
usually is technically what someone is looking for. They are
required however, as you state.

There has been discussion lately about loosening the wording of
the GPL so that one can point out somewhere on the internet that
the exact source they've used is located to meet the source
requirement. Changing world...

>If they go for the written offer, they have to distribute the sources
>themselves. Referring to those sources from which you got the
>unmodified code is only valid for noncommercial distribution (clause
>3.c). Selling a hardware/software combination looks quite commercial to
>me.

Yes, that is the legal wording of the GPL, but in practice, if
someone shows where it can be obtained, most people are sane
enough to get it from there. If they can't however for whatever
reason - if just to prove a point, they can of course get it from
the company directly by means of the GPL requirement.

>It's the distributors task to offer the source, not the receiver's to
>find out by luck that there is GPL'd code in the product so that they
>may ask for source.

Absolutely.

-- 
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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