IC-Talk VOIP PBX possible violation

[Ralph Corderoy]

Hi,

Mark Simcoe wrote:
> Many thanks for your enquiry regarding the source code for the system,
> the system is produced in accordance with the GNU licensing and this
> fact is clearly displayed on the website at :-
>
> http://www.ic-talk.co.uk/overview/concept.asp
>
> This also states that our system contains proprietary or individually
> licensed products to which access is not permitted. We can however
> dispatch the source for the GNU portions of the system gladly.
>
> Please supply your serial number for the system concerned and which
> elements of the system you would be interested in acquiring the source
> to so that we may process your request. As clearly stated in the GNU
> licensing any user who has purchased a system from ourselves is
> entitled to the source code for the GNU portions of the system
> concerned.

Assuming some of the code they're using is licensed under GNU GPL V2
then I think they're incorrect.  They must be following either 3(a),
3(b), or 3(c) of the GPL.  If 3(a) then they're shipping all the source
code with the binaries;  this seems unlikely else you wouldn't be here.
If 3(b) then they're shipping a written offer with the binaries to
provide "any third party" the source.  They could only use 3(c) if
they're just shipping on the binaries they themselves received, and
they're doing so non-commercially;  again unlikely.

So, assuming 3(b) they've no right to ask for a serial number, nor
insist you have the product containing the binaries.  You're the "any
third party".

If I'm wrong, I'd welcome correction.

CC'd Mark Simcoe so he's a chance to respond.

Cheers,


Ralph.