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

From: Kyle Moffett
Date: Wed Nov 10 2004 - 18:13:49 EST

On Nov 10, 2004, at 16:11, Bill Davidsen wrote:
That web page seems pretty clear... some parts of the prerelease are
non-GPL, you can distribute the GPL code as usual. Unless there is
some claim that the non-GPL parts are derived from GPL original
source or contain GPL code, why shouldn't they restrict the distribution
of their own code?

The make it difficult if not effectively impossible to separate the two,
claiming that therefore they are not under the restrictions of the GPL.
However, the GPL _clearly_ states that if it is distributed as a single
work, then all parts _must_ be distributable under the terms of the
GPL. I believe that a single binary firmware image is a single "work"
according to the definition provided in the GPL, and therefore by
distributing their code as a part of it, they have implicitly applied the
GPL to said work (assuming it was not GPLed already for other

Kyle Moffett

Version: 3.12
GCM/CS/IT/U d- s++: a17 C++++>$ UB/L/X/*++++(+)>$ P+++(++++)>$
L++++(+++) E W++(+) N+++(++) o? K? w--- O? M++ V? PS+() PE+(-) Y+
PGP+++ t+(+++) 5 X R? tv-(--) b++++(++) DI+ D+ G e->++++$ h!*()>++$ r !y?(-)

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