Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox

From: Shawn Starr
Date: Tue Nov 09 2004 - 21:54:41 EST



Everyone seems to be talking about the distribution, my concern is if people who pay
$20 to get the binaries are *NOT* getting the sources which is a violation of the GPL for the GPL parts of the firmware.

If thats not a violation I don't know what is.

Shawn.

> list: linux-kernel
> Subject: Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox +code
> From: Michael Poole <mdpoole () troilus ! org>
> Date: 2004-11-10 2:01:44
> Message-ID: <87ekj2fomv.fsf () sanosuke ! troilus ! org>
> [Download message RAW]
>
> Kyle Moffett writes:
>
> > In this case however, you buy the right to future updates for $20.
> > This is
> > a contract between you and SveaSoft that essentially says:
> > > If you pay SveaSoft $20, you will receive all updates for the next
> > > year.
> > > If you chose to exercise your GPL right to redistribute, however, you
> > > will lose the subscription you paid $20 for."
> >
> > The penalty for exercising your GPL distribution right is losing your
> > $20 subscription. I believe that such a penalty is a restriction on you
> > exercising your GPL rights.
>
> It is no such thing.
>
> Restriction \Re*stric"tion\, n. [F. restriction, L. restrictio.]
> 1. The act of restricting, or state of being restricted;
> confinement within limits or bounds.
>
> You can fully exercise your rights under the GPL; they are not
> restricted. However, you cannot expect future support from Sveasoft.
> Only your contract entitles you to that support, and if you do
> something to terminate your contract, it is outside the GPL's scope.
>
> This is unpleasant for a lot of people. It is probably suboptimal for
> the free software community. Life can be hard like that. Any
> competent lawyer could have a copyright infringement claim dismissed
> if the claim were based on your theory of the GPL.
>
> Michael Poole
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