XTCommerce Violation?

[Arnoud Engelfriet]

C. Grobmeier wrote:
> The project has it's software licensed under the GPL. They sell support
> for 98 Euro. If you don't buy the support, you cannot download the
> software package nor the sourcecode.

That's fine. Only those people who receive binaries have the
right to also obtain the source. If they give away binaries
and charge EUR 98 for source, that would be a different thing.

> I have asked the support, they think they are correct with this
> handling. I think they are not, cause they distribute the software
> "public in some way" and don't use it internally in their organization.

Basically, if I give GPL software to my neighbor, he can ask me
to also give him the source. But *you* cannot ask me for the
source, because you are not my neighbor and I never gave you
GPL'ed binaries. There is no requirement to give source to
*everyone* just because you give a binary to *someone*.

The GPL FAQ says about this issue:
http://www.gnu.org/licenses/gpl-faq.html#GPLRequireSourcePostedPublic
http://www.gnu.org/licenses/gpl-faq.html#CanIDemandACopy

Arnoud

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