Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox

Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox

[Shawn Starr]

Everyone seems to be talking about the distribution, my concern is if people who pay 
$20 to get the binaries are *NOT* getting the sources which is a violation of the GPL for the GPL parts of the firmware.

If thats not a violation I don't know what is.

Shawn.

> list:       linux-kernel
> Subject:    Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox +code
> From:       Michael Poole <mdpoole () troilus ! org>
> Date:       2004-11-10 2:01:44
> Message-ID: <87ekj2fomv.fsf () sanosuke ! troilus ! org>
> [Download message RAW]
> 
> Kyle Moffett writes:
> 
> > In this case however, you buy the right to future updates for $20.
> > This is
> > a contract between you and SveaSoft that essentially says:
> > > If you pay SveaSoft $20, you will receive all updates for the next
> > > year.
> > > If you chose to exercise your GPL right to redistribute, however, you
> > > will lose the subscription you paid $20 for."
> > 
> > The penalty for exercising your GPL distribution right is losing your
> > $20 subscription.  I believe that such a penalty is a restriction on you
> > exercising your GPL rights.
> 
> It is no such thing.
> 
>   Restriction \Re*stric"tion\, n. [F. restriction, L. restrictio.]
>      1. The act of restricting, or state of being restricted;
>         confinement within limits or bounds.
> 
> You can fully exercise your rights under the GPL; they are not
> restricted.  However, you cannot expect future support from Sveasoft.
> Only your contract entitles you to that support, and if you do
> something to terminate your contract, it is outside the GPL's scope.
> 
> This is unpleasant for a lot of people.  It is probably suboptimal for
> the free software community.  Life can be hard like that.  Any
> competent lawyer could have a copyright infringement claim dismissed
> if the claim were based on your theory of the GPL.
> 
> Michael Poole
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