Yet another Broadcom 63xx manufacturer potentially violating GPL

[Arnoud Engelfriet]

Peter Roozemaal wrote:
> It is an interesting legal question whether "rental of a device" implies
> "distribution of software". My non-lawyerly gut feeling says that it is
> distribution, most copyright laws that I know require permission of the
> copyright holder for commercial rental of CDs, DVDs and videos. 

Rental is an exclusive right in all countries that subscribe to 
the WIPO Copyright Treaty. See article 7.
http://www.copyright.gov/wipo/treaty1.html

Whether it's an act of *distribution* or a separate act depends
on national law. Dutch law for example defines rental to be
a "making available to the public" (art. 12 Aw). 

My recommendation is to always treat any making available to
the public of a GPL-licensed binary as "distribution" within
the meaning of the GPL. In other words, you can't rent without
making available source.

IAALBIANYL.

Arnoud

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