On Wed, Jan 04, 2006 at 11:54:22AM +0000, Jamie Lokier wrote: > Harald Welte wrote: > > > The case here appears to be: > > > > > > * Crossmeta offers "add-on" software as a free download from their web > > > site: <URL:http://www.crossmeta.com/downloads/crossmeta-add-1_0.zip>. > > > The zip file contains a text file gpl-license.txt, which says that the > > > add-ons are offered under the terms of the GPL. > > > > > > * User downloads this GPLed software and asks the developer to provide > > > source code. Developer replies that the source code will be provided > > > only to paying customers: > > > <URL:http://www.opensolaris.org/jive/message.jspa?messageID=12277#12277>. > > > > > > That's baad, m'kay? > > > > This is definitely not acceptable. A written offer must be valid to ANY > > 3RD PARTY. > > > > So it wouldn't even be enough to offer the source code to paying > > customers and those who downloaded the binary code, but actually it must > > be made available to anyone who asks for it. > > Ah, that depends on whether they provided the source code for download > to paying customers at the time those customers downloaded the binary. yes. but the point is (according to reports I have received) that the object code (without source code) was available for download on the crossmeta website. Therefore anyone could have obtained a binary copy with no included source code, and thus the 'any third party' clause implicitly comes into effect. As soon as you've even only once given a copy of the executable code without at the same time including the full corresponding source code, "any third party" is entitled to obtain a copy of the source code. -- - Harald Welte <[email protected]> http://gnumonks.org/ ============================================================================ "Privacy in residential applications is a desirable marketing option." (ETSI EN 300 175-7 Ch. A6)
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