Is this a GPL violation case?

[Ard van Breemen]

On Mon, May 14, 2007 at 11:11:11PM +0200, Torsten Schlabach wrote:
> > yes, any derivative of linux is equally covered
> > by the terms of the GPL
> 
> Wouldn't that mean that there can never be any closed-source software on 
> top of Linux? Or would a piece of software which a vendor sells that the 

Derivative of linux means the kernel only. Whatever you run on
the kernel is your choice and is not subject to the GPL.
In other words: anybody who gives you a linux based device should
give you the sources to the linux kernel that they have used to
put on the device. Whatever runs on top of linux is not within
the scope of the source code of the kernel.

> > In short, if they are selling it and you purchase it from them then
> 
> So are they only obliged to provide the source (or whatever) to someone 
> who has purchased their product? They are not oblidged to make it 
> publicly available or at least to anyone who asks?

They are obliged to either:
- give the source with the product. This is the easiest way to
  comply for those that make small series dedicated purpose
  devices.
- give a written offer to give the source code to whomever also
  got the binaries for the next 3 years.
- make the source code publically available for 3 years (ftp
  server).

> > they are obliged to give you the source code. if you ask for it
> 
> How would one ask "officially" enough?
> 
> And also, who would I have to ask in case I am buying the product from a 
> channel partner? The manufacturer or the vendor?

In dutch law I it is the vendor. Unless the vendor just passes
you the written offer for the source code. In GPL the one that
gives you the device also gives you the binaries and as such
should also give you the sources. Personally I would start with
the manufacturer, and if they do not answer, I would hold the
vendor responsible.

Anyway: if you did not get the device, then you did not get the
binaries, and then they are not obliged to give you the source
code. 

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