Re: gpl license definition of distributing

From: Grant Edwards (grante_at_visi.com)
Date: 07/22/04 

Date: 22 Jul 2004 15:30:26 GMT

On 2004-07-22, Martin Hansen <mah@cccfsi.dk> wrote:
> Grant Edwards wrote:
>
>> No. The people who use your website to not get copies of the
>> binary for the web server.
> The people using my website does not own the server, they pay to use it.
> The people using my washing machine does not own the machine, they pay to
> use it.
>
> I do not not give users of my website access to copies of the software they
> just use it.
> I do not give users of my washing machine access to copies of the software
> thaey are just using it.

Huh? Where do you get this "access" bit from? The GPL doesn't
say anything about "access" it talks about distributing copies
of the binary/executable

>> I don't think that satisfies the GPL. It must be in a machine
>> readable format in a form useful for somebody who wants to make
>> changes to it and build a new binary.

> section 3.a says
> Accompany it with the complete corresponding machine-readable source code,
> which must be distributed under the terms of Sections 1 and 2 above on a
> medium customarily used for software interchange;
>
> Now "a medium customarily used for software interchange" could
> might as well be the eprom on my HW, as this the way i
> commonly ship my SW.

EPROM is not, however a medium customarily used for
distribution of source code. If you want to put sources in
EPROM and provide the user a way to get them out (e.g. ftp, or http
server, or serial port via x-modem), you could argue that
you're giving the user the source code. Simply putting them in
ROM and not telling the customer they're there wouldn't qualify.

>> Have you _read_ the GPL?
> Yes, of course
>
>> Your questions are all answered there.
> No.

You should also read the FAQ if you want to know the FSF's
interpretation of the GPL:

  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.

>
>> If you ship binaries of GPL programs in your device, you've got
>> to provide source code.
>
> No, it says if i distribute copies. But it does not define
> distribution.

Giving the copy to somebody else.

> If you take a look at
> http://www.fsf.org/licenses/gpl-faq.html#DevelopChangesUnderNDA
> you will se that making copies an distributing is not the same
> thing. So therefore i would like a precise definition of
> distributing.

If you want the FSF's opinion, you should as them.

Why are you trying to weasle out of the GPL? Apparently you
want to put somebody elses software in your product. Not only
aren't you payint the owner of the software, you seem to be
trying to figure out ways around the license under which they
are permitting you to distribute that software.

Suck it up and do the right thing. 

-- 
Grant Edwards                   grante             Yow!  Now my EMOTIONAL
                                  at               RESOURCES are heavily
                               visi.com            committed to 23

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