Possible GPL violation by Multitrode with pump station manager product.

[Neil Brown]

Quoting Janez Pers <janez.pers at fe.uni-lj.si>:

> Thomas Charron wrote:
>> But he has access to a unit.  It wasn't distributed to him.
>
> true. this is a probably a valid point.

I agree entirely.

>
> AFAIK GPL does not say "you have to give sources away
> to everyone", just to offer the sources to people to
> whom you provide binaries.

Under GNU GPL 2, there are two options for non-commercial distribution  
- either (a) accompany distribution with source code, or else (b)  
accompany with a written offer to give the source code to "any third  
party".

To my mind, this means *any* third party, and not any third party in  
possession of a copy of the binary. However, under English law, I'd  
consider it questionable whether a third party without a binary could  
enforce this, as against the distributor, although this would not  
affect the copyright owner from enforcing it.

(This view is supported by the FAQ at  
http://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#WhatDoesWrittenOfferValid (although, whilst I regard the FAQs as indicative of the intent of the custodians of the licence, I do not think that they would necessarily be legally persuasive): "If you choose to provide source through a written offer, then anybody who requests the source from you is entitled to receive  
it."


> And it is very possible that there was a leaflet in the
> original product packaging (pump station manager) stating

> "This product contains GPL binaries. Sources available
> at this repository/email address" - so they may be in
> compliance already.

Under GNU GPL 2, online accessiblity is insufficient - if the  
distributor wishes to make use of the "written offer" approach, it  
would need to offer the code on a "physical medium". It could, of  
course, put the code in a repo., and, in all likelihood, the number of  
requests for source on a DVD etc. might be low, but, to be compliant,  
it would need to offer this.

-- 



Neil

neil at neilzone.co.uk | http://neilzone.co.uk