Review of GPL code requirements text

[Ard van Breemen]

Hello,
On Sun, Feb 25, 2007 at 08:34:07PM +0100, Florian Weimer wrote:
> > If you make an (embedded?) device, with gpl'd software, and you
> > rent that device to a third party, you are not publishing
> > software, and hence you don't have to publish source code or
> > anything.
> 
> Yeah, I know that quite a few people share that belief.  But it hasn't
> got any basis in German copyright law (and I would believe that the
> way software copyright law has been harmonized across Europe, it's
> similar in other EU countries).  Leasing software is an exploitation
> right on its own.  Typically, nothing but the GPL gives you permission
> to lease the code, so the GPL terms apply.  And those terms call for
> access to source code even in this case.
> 
> (ASPs are different; it's not clear if you need permission from the
> copyright holder before you can offer networked access to the
> application.)

I don't know about the GPL itself (since I am not a lawyer, and I
do not know the law about this), but I suspect the spirit of the
GPL is like this: If you are able/allowed to change the binary
(because the box is yours), you want to be able to improve the
functionality of that box, and hence need the source code.
If you are not able/allowed to change the binary (because the box
isn't yours, or the box is technically not enhancable, like in
microwaves), then you don't actually need the source code, except
for pure interest.
You are usually not allowed to modify software on a rented-box
(unless the purpose of renting is running your software), and
hence do not need the source.
If I am incorrect then I suspect the GPL doesn't allow renting of
boxes to thirdparties without allowing to change the software on
those boxes that still are not yours. In that case I will never
ever lend my routers to a friend ;-).

Regards,
Ard