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

From: Michael Heiming (michael+USENET_at_www.heiming.de)
Date: 07/28/04 

Date: Tue, 27 Jul 2004 23:12:00 -0000

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In comp.os.linux.networking Bill Unruh <unruh@string.physics.ubc.ca> suggested:
> huge@ukmisc.org.uk (Huge) writes:

> ]General Schvantzkoph <schvantzkoph@yahoo.com> writes:
> ]>On Tue, 27 Jul 2004 12:01:46 -0700, 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 provide the source code but it doesn't have to be in the box.
> ]>Putting the source code on your website is sufficient.
> ]>

> ]Except that the FSF think it isn't.

> Where do they state this thought? What do they think is sufficient? Anyway,
> it is by now up to the courts, if anyone wants to take the case to court.
> Their thoughts are irrelevant except as encoded in the GPL.

Seems to be answered in the gpl FAQ:

"I want to distribute binaries without accompanying sources. Can I
provide source code by FTP instead of by mail order?

You're supposed to provide the source code by mail-order on a
physical medium, if someone orders it. You are welcome to offer
people a way to copy the corresponding source code by FTP, in
addition to the mail-order option, but FTP access to the source
is not sufficient to satisfy section 3 of the GPL.

When a user orders the source, you have to make sure to get the
source to that user. If a particular user can conveniently get
the source from you by anonymous FTP, fine--that does the job.
But not every user can do such a download. The rest of the users
are just as entitled to get the source code from you, which means
you must be prepared to send it to them by post.

If the FTP access is convenient enough, perhaps no one will
choose to mail-order a copy. If so, you will never have to ship
one. But you cannot assume that.

Of course, it's easiest to just send the source with the binary
in the first place."

[http://www.fsf.org/licenses/gpl-faq.html#DistributeWithSourceOnInternet]

Sounds pretty clear.

Recently a German court ruled in favor of GPL, wasn't a
primary/important court, so it doesn't mean much, but a sign.;)

Best regards 

-- 
Michael Heiming (GPG-Key ID: 0xEDD27B94)
mail: echo zvpunry@urvzvat.qr | perl -pe 'y/a-z/n-za-m/'
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