On Wed, 2008-01-30 at 23:18 +0000, Gordon JC Pearce wrote:
> On Thu, 2008-01-31 at 00:14 +0100, Marek wrote:
>
> > > > My product is a router which uses your software in an unmodified form.
> > > > It pulls firmware directly from net. I don't offer anything for
> > > > download. Note, this would *not* be a distribution of your software,
> > > > this would be selling of my router.
> > > >
> > > > How do you solve this issue?
> > >
> > > What issue? You're using GPLed software in a manner permitted by the
> > > licence. Where's the issue?
> >
> > Go ahead. Elaborate.
>
> Wait, what? Elaborate what? You're the one that came up with a
> non-issue, and now you want me to explain why it is an issue?
I'll answer instead.
There are two scenarios:
1) said router downloads code that is unmodified from the software
i have licensed under the GPL
2) said router downloads code that is modified
Condition (1) : the only gray area is whether distribution has occured.
GPLv3 tries to clarify that, but not very well. Either way, it doesn't
matter because the software has not been modified, and is thus freely
available for the user.
Condition (2) : again, the gray area is whether distribution has
occured. again, GPLv3 tries to clarify that. it would take a court to
decide whether it had in a specific case. So - what if it *is*
distribution? Then either the router manufacturer has to make the source
available; if they don't, we're just back to the same old story of
companies violating the GPL. If they do, no problem.
If it *isn't* distribution in the eyes of the law, then there is a
loophole, though its one that GPLv3 attempts to rectify with its use of
the term "convey". I suspect that if the s/w were GPLv3 licensed, no
court would dispute that the router manufacturer is "conveying" the
software to the user.
_______________________________________________
Linux-audio-dev mailing list
Linux-audio-dev@email-addr-hidden
http://lists.linuxaudio.org/mailman/listinfo/linux-audio-dev
Received on Thu Jan 31 04:15:12 2008
This archive was generated by hypermail 2.1.8 : Thu Jan 31 2008 - 04:15:12 EET