ASUS SplashTop and Phoenix Hyperspace infringing kernel copyright and GPL

[Arnoud Engelfriet]

Armijn Hemel wrote:
> On Tue, 2008-05-20 at 14:55 -0700, Chris DiBona wrote:
> > No one has mentioned if they have the documentation requirement
> > filled. People can distribute whatever they want if the offer by mail
> > is in place under v2.  I mean, I think it is easier to just offer the
> > full required source on a mirror , but I think that providng a patch
> > set and a link to kernel.org , again provided you are satisfying the
> > doc requirement, is fine by the text of the license.
> 
> The license would only allow that in certain circumstances (GPLv2,
> section 3c). The GPLv2 license talks about 'complete corresponding
> source code', 'source code', etc., but nothing about patches.

I do not think it's compliant with GPLv2 to only distribute patches
and refer people to the original source. You have to make available
source for anything you distribute in binary form.

Arnoud

-- 
ICT-jurist, blogger en octrooigemachtigde ~ Partner bij ICTRecht.nl
   http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/