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

From: Dmitry Torokhov
Date: Tue Nov 09 2004 - 23:31:29 EST

On Tuesday 09 November 2004 11:14 pm, Michael Poole wrote:
> Kyle Moffett writes:
> > > You can fully exercise your rights under the GPL; they are not
> > > restricted. However, you cannot expect future support from Sveasoft.
> > But if I paid $20 for one year of said support?
> The contract might have a termination clause triggered if you do a
> handstand or file a patent lawsuit against Sveasoft. By your
> argument, that would make the contract breach the GPL, since you could
> not use the GPLed software while doing those things -- which is
> ridiculous on its face.
> > > Only your contract entitles you to that support, and if you do
> > > something to terminate your contract, it is outside the GPL's scope.
> > What _is_ inside the GPL's scope is that no contract may require me
> > to abstain from my GPL rights. If I use my full GPL rights, then they
> > are telling me that I break the contract and lose my $20 support.
> That depends greatly on the wording of the contract.
> Interestingly, the only description I can find on Sveasoft's web page
> says this:
> Sveasoft firmware and support is available for a yearly $20 USD
> subscription fee. A subscription includes unlimited access to
> firmware upgrades and unlimited access to priority support.

> Post subject: I am a Sveasoft subscriber, can I redistribute?
> ...
> The policy for pre-release firmware is different. You may choose to
> redistribute only those portions of pre-release firmware specifically
> covered by the GPL license. Those portions of the distribution that are
> separate additions developed by Sveasoft as part of a pre-release
> distribution may not be re-distributed. Redistribution of pre-release
> firmware that includes Sveasoft's non-GPL code will result in the
> termination of your subscription.

So it looks like they are in clear, unless those separate additions are
derived from GPLed software.

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