GPL license compliance clarification [embedded Linux]

Iain Barker iain at member.fsf.org
Tue Dec 4 18:51:33 CET 2007


This is a request to the tech list, for GPL clarification regarding the way 
that the Digium Asterisk Appliance (model AA50) and its software are 
distributed.

This is a Linux device, which is distributed with an embedded flash and a 
CD, each containing pre-compiled binaries for various GPL components.

It includes at least the following binaries:

U-Boot-1.1.3
BusyBox v1.00
Linux 2.6.16.27

As far as I can see from initial inspection of the CD and printed docs 
shipped with the product, it contain no copy of GPL license, no 
corresponding source code for these GPL components, and no written 
mail-order offer to obtain the source code.

The proprietary license on the Digium CD does identify the GPL, it says:

"you acknowledge that certain components of the Software may be covered by 
so-called "open source" software licenses ("Open Source Components"). Digium 
will provide a list of Open Source Components for a particular version of 
the Software upon your request.  To the extent required by the licenses 
covering Open Source Components, the terms of such licenses will apply in 
lieu of the terms of this Agreement, and Digium hereby represents and 
warrants that the licenses granted to such Open Source Components will be no 
less broad than the license granted in this Section 2. To the extent the 
terms of the licenses applicable to Open Source Components prohibit any of 
the restrictions in this Agreement with respect to such Open Source 
Component, such restrictions will not apply to such Open Source Component."


My question is, does that meet the terms of the GPL ?

Specifically, does it constitute "a written offer... for the complete 
machine-readable copy of the corresponding source code" per section 3 of the 
GPL ?


ps. Yes, I know Digium are a GPL-friendly company and that all/most of this 
source code is publicly available from various servers already.  For example 
the box contains a 'premium login' sheet with details for Digiums developer 
website. I'm not on a vendetta, but I plan to use this box as a completely 
open platform so I chose not to register at their site, and I should not 
need to do so in order to exercise my rights under the GPL.

The full license text supplied with the product is online here: 
http://www.digium.com/en/docs/ABE/abe_pla.pdf

thanks.




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