Build Scripts and GPL

[Robert Schwebel]

Hi, 

we are maintaining a GPL licensed build system for embedded systems,
PTXdist (http://www.pengutronix.de/software/ptxdist_en.html). There is
currently a case where a company (let's call them xyz) who has built
it's business upon our tool, releases demo versions of "their" Embedded
Linux variant on their homepage.

- The "product" is a life CD which can be downloaded from their web
  site, being an example for their customized embedded Linux board
  support packages. The CD image does contain a License file, stating:

  (C)2003-2004 Xyz Inc.
  www.xyz.com
  Somewhere

  followed by the GPL text. No written offer to supply the sources is
  included. 

- They argument that, as the CD consists of compiled upstream packets
  only, there is no reason why they should either reference PTXdist in
  their copyright sections, nor that they have to give me their modified
  version of PTXdist. They also argument that I could buy their $299
  minimal packet and that would include all the modified PTXdist sources.

IMHO this is simply plain wrong. The "work" consists of the upstream GPL
packets, plus the (highly sophisticated, and so copyrightable) PTXdist
build scripts. Speaking in GPL terms, PTXdist is "scripts used to
control compilation" and "scripts used to control installation", so my
impression is that the GPL should force him to give me the sources when
he gave me the binaries. 

So my questions are: 

- Does anybody know a similar case, where the GPL licensed parts are no
  direct base-code for the binary product but something like
  buildscripts?

- Is my understanding correct that he has to add a written offer, no
  matter about the PTXdist problem?

- Is it allowed to remove the PTXdist copyright notice and not to
  mention PTXdist at all, although his live cd was entirely built with
  PTXdist?

- What are reasonable copying expenses? $299 seems to be a little bit
  high. 

Robert
-- 
 Dipl.-Ing. Robert Schwebel | http://www.pengutronix.de
 Pengutronix - Linux Solutions for Science and Industry
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