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Date: Thu, 6 Feb 2003 12:36:56 -0800 (PST)
From: Andre Hedrick <andre@linux-ide.org>
To: Valdis.Kletnieks@vt.edu
cc: Alan Cox <alan@lxorguk.ukuu.org.uk>, jeff millar <wa1hco@adelphia.net>,
       Christoph Hellwig <hch@infradead.org>,
       Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
Subject: Re: Monta Vista software license terms 
In-Reply-To: <200302061841.h16Iflwj005365@turing-police.cc.vt.edu>
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On Thu, 6 Feb 2003 Valdis.Kletnieks@vt.edu wrote:

> On Thu, 06 Feb 2003 14:37:26 GMT, Alan Cox said:
> > On Thu, 2003-02-06 at 09:12, Andre Hedrick wrote:
> > > Jeff,
> > > 
> > > Since you have not signed their contract for product, you have no idea if
> > > there are restrictions.  Nor do I.
> > > 
> > > Remember "Contract Law" may restrict what their customers can do.
> > 
> > But not to the GPL code part of it
> 
> Although a US court recently held a "thou shalt not badmouth our product"
> clause in a contract illegal, I don't see where the GPL prohibits a contract
> that contains a clause "the recipient agrees not to engage in actions
> A, B, or C" where C is "distribute the code".
> 
> The GPL prohibits such a restriction *IN THE DISTRIBUTION LICENSE*.  It
> doesn't say squat about whether I agree to some restriction in some OTHER
> agreement.

I agree, but the terms of use of their licensed or re-licensed product can
be revoked, and their product may be the enitre kit.  Pieces are parts, 
the sum is the whole, and where this rime is going ... blah blah ...

Their customers may be bound to some contract law we have never seen.
The more interesting part is looking into the money trail of who is the
financial backing and how much was contributed.  This is where I stop.

Naming names will get somebody toasting warm and I like it cool and quiet
now.

Cheers,


Andre Hedrick
LAD Storage Consulting Group