Re: scope of linux in the corporates...


John Hasler wrote:

DS writes:

You cannot give someone a binary and refuse them the source. You cannot
even discourage them from asking for the source. The source must accompany
the binary. That doesn't mean they must literally always be on the same
medium, but it does mean you can't make one available and not the other.

When I issue a copy of a binary to am employee of mine he does not own it
or even possess it in his own right but only as my agent.

I agree. However, when you "issue a copy" you are also copying. Thus
you must comply with 3a, 3b, or 3c.

Thus a) no act
of distribution has occurred

I agree. But section 3 applies to copying, not just to distribution.

and b) the copy is accompanied by by source
within the intent of the GPL because I have source.

I disagree.

Because you have the source and he has the binary, the source no longer
accompanies the binary. That the source would accompany the binary was
a requirement of the original copying, whether or not there is a
subsequent distribution.

You cannot make a copy unless you comply with 3a, 3b, or 3c.

If you want to argue that "accompanying" at the time the copy is made
but not later qualifies, then anyone could separate the source from the
binary and still be complying with the GPL, which would completely gut
the purpose.

If what you said was correct, companies could "license" GPL'd works
rather than selling them and not give the "recipient" the source code.
Your argument, that they still own the binary and thus since they have
the source it is still "accompanied" would apply just as well.

DS

.

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