Re: freebox possible GPL violation

[Helge Hafting <helgehaf@aitel.hist.no>]

On Wed, Oct 05, 2005 at 02:29:50PM +0200, Emmanuel Fleury wrote:
> Arjan van de Ven wrote:
[...]
> > they don't do a)
> > 
> > they don't do b)
> > 
> > c) is only for noncommerial distribution (not the case here) and only if
> > they got it in a type b) before, eg it allows you to transfer a type b)
> > in the non-commerical case.
> 
> First, it is very arguable to say that they are "distributing" the
> software as it does not comes with the FreeBox but is automatically
> downloaded at each boot through the DSLAM network (which the user is not
> supposed to know about).

If the box downloads a linux kernel through the DSLAM network, then
someone is clearly distributing linux kernels through the DSLAM network.
I would guess it is the same guys, because relying on someone else providing
them with kernels is a risky business.  But whoever is on the other end
of the DSLAM net have to offer the source as well, because they _are_
distributing kernels.

The fact that the user isn't supposed to know how this box work
doesn't change anything, of course.  The GPL says those who 
distribute the work - it doesn't matter that they don't tell the
customer that they're given a linux kernel. They still have to offer
the source if asked.


Helge Hafting
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