Build Scripts and GPL

[David A. Desrosiers]

On Fri, 2006-05-19 at 16:35 +0200, Peter Roozemaal wrote:
> So, (relevant/used parts of) PTXdist have to be provided with the
> sources for a binary distribution of GPL licensed works. You can only
> ask for PTXdist, but have no right to demand it here, as PTXdist is
> only used "in house".

My understanding is that if a company uses GPL "something" in-house, and
distributes a compiled/binary/commercial work that was created with that
GPL "something", that access to the full tools that created that
"something" must be provided upon request. 

The point is that I should be able to create the exact same "something"
using the same tools that they used, if these tools are covered by the
GPL. The whole reason took this approach was to avoid orphaning off that
"something", should a company implode and make those tools unavailable. 

We fought an issue where we requested (and eventually demanded) the
source code to the binaries a company was distributing, created with our
GPL source code. They claimed they "would eventually" ship the source
code, but that they had to "clean it up" first. 

I successfully argued that "cleaned-up source code" would produce a
different binary than the one they already distributed (whose source
code would also need to be provided). 

Sony was (and still is) guilty of this exact situation with their
modified version of "POSE", the Palm OS Emulator. They were releasing
v1.1 of their binary emulator and then would release the sources for 1.0
of the emulator. When v1.2 of the binary emulator was released, they
would release the sources for v1.1. They were always one step behind in
releasing binary and source, which is forbidden by the letter of the GPL
(as well as the spirit). 

I've publically called them on this issue several times, including being
mentioned in a Slashdot posting someone raised on the same exact issue,
with no resolution. Now that Sony has left the PalmOS market and the
POSE project is no longer used by Palm, this is a non-issue, but their
past violation still stands. I spoke with a Sony rep. on a flight once
and he basically said (paraphrasing here): "We're Sony. We don't care,
go ahead and try to sue us.." or something to that effect. 

This happens quite a lot in a  lot of places with embedded Linux
projects. Depressing that we get slapped around like this by these
companies.


-- 
David A. Desrosiers
desrod at gnu-designs.com
http://gnu-designs.com

"Erosion of civil liberties... is a threat to national security."