Re: GPL question, can open source code can be used to prop. platform?

From: Lew Pitcher (Lew.Pitcher_at_td.com)
Date: 07/27/04


Date: Tue, 27 Jul 2004 15:35:37 -0400


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Santa wrote:

> Well, if I burned binary into firewall box (into flash), if I sell
> that box, do I have to provide the source to the customer?. These
> boxes if I sell in every electronic shop, how can I provide source
> code?.

You must "make the source code available". It is not necessary to supply
the source code along with the box, but the customer (and anyone else
who the customer gives the GPL'ed binary to) must be able to get the
source code from you.

The typical way of providing the source code seems to be to provide a
"download" link on your corporate internet site, and document that in
the equipment's documentation.

FWIW, a German company (Sitecom Deutschland GmbH) just lost a court case
regarding their failure to provide source code access to GPL'ed code
they delivered in their hardware product (IIRC, a router with built-in
firewall, based on the Linux iptables/netfilter GPL'ed code). You might
want to take a look at the Groklaw notes on the case; they include an
english translation of the German court ruling:
http://www.groklaw.net/article.php?story=20040725150736471

- --

Lew Pitcher, IT Consultant, Enterprise Application Architecture
Enterprise Technology Solutions, TD Bank Financial Group

(Opinions expressed here are my own, not my employer's)
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