Resolving Chitech CT-PC89E GPL Copyright Violation

[Arnoud Engelfriet]

Luke Kenneth Casson Leighton wrote:
> illegal condition was added, in direct violation of the GPL, that if a
> deposit was given and an order placed for units, the GPL source code
> would be provided.

Just to be clear: why is this illegal? I can state any condition
I want /before/ I give you GPL source code. If I want to give you
the source only if you buy some hardware units, I can do that. If
I want upfront payment I can do that. 

The /one/ thing I cannot do is impose conditions upon me giving you
source code after I have already given you a binary.

The deposit condition seems to be absolutely legal if it applies only
to new units. Was this how it was originally formulated?

Regards, Arnoud

-- 
IT lawyer, blogger and patent attorney ~ Partner at ICTRecht.nl legal services
        http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/