[issue93] GPL violation between two companies and the customer

[Shane M. Coughlan]

Florian Purucker wrote:
> I informed the company about this GPL violation and they told me they
> would release the source code if they had it. The problem is the product
> has been developed by another company B and they did not include the
> source code. However, company B only developed the software for the
> product and does not sell the product themselves. So for the customer,
> company A is the distributer of software covered by the GPL and they are
> in violation of the license because they do not deliver source code.
<snip>
> Is company B also in violation of the GPL because they do not release
> the source code to company A?

The GNU GPL is a distribution licence.

Every party who distributes the code using the licence must obey the
terms of the licence.

In the case above CompanyB distributed the code to CompanyA without
obeying the licence, and CompanyA distributed the code onwards without
obeying the licence.

Both CompanyA and CompanyB are in violation of the terms of the GNU GPL
licence.  Both must come into compliance.

Regards

Shane

-- 
Shane Coughlan
FTF Coordinator
Free Software Foundation Europe
Office: +41435000366 ext 408 / Mobile: +41792633406
coughlan at fsfeurope.org
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