Charging ($20) for GPL source?

Arnoud Engelfriet arnoud at engelfriet.net
Thu Dec 21 17:46:35 CET 2006


Alex van der Wolk wrote:
> On Dec 21, 2006, at 9:31 AM, Arnoud Engelfriet wrote:
> >First, courts would likely apply a "reasonable man" standard to
> >clause 3(b). You can't just say "well we let the CTO do this in
> >person and he costs $1200 per hour" and get away with that.
> 
> If this would ever go to court, it would be because the company has  
> something else to hide, besides a reluctance to provide the source,  
> or a desire to profit of it. I will have yet to see the case where a  
> company actually would let the case come before a judge, merely  
> because the charges for providing the source are grossly  
> disproportionate. Think about it, if it were about making a profit of  
> the source, a court case would not really fit the aim, now would it?

I agree it's unlikely. Still, I believe my point stands. You
just can't say "I charge $1200 for source so I am compliant"
because it's not reasonable. How far you would have to push a
company to change its mind on this is anyone's guess though.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



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