[H-GEN] Kernel source

Andrae Muys andrae.muys at braintree.com.au
Wed Oct 29 22:24:56 EST 2003


[ Humbug *General* list - semi-serious discussions about Humbug and     ]
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Raymond Smith wrote:

> [ Humbug *General* list - semi-serious discussions about Humbug and     ]
> [ Unix-related topics. Posts from non-subscribed addresses will vanish. ]
> 
> Jason Parker-Burlingham said:
> 
>>There's some doubt about whether or not giving someone an alpha or beta
>>of a work derived from a GPL-licensed one counts as distributing it or
>>not.  I think it certainly does.
> 
> 
> I agree -- such a distinction is not made within the license.
> 

AFAIK the doubt is only in the case where there is a restricted beta for 
which the beta testers are contractually bound as agents of the software 
company.  In this case there is an arguement that the beta-testers 
install the software as authorised representatives of the company, 
covered by the license granted to the company through the GPL, not 
requiring (or indeed receiving) a license themselves.  In simple terms 
it becomes 'internal-deployment' not 'distribution'.

In the case of any form of public-beta this argument is moot.

AFAIK this is the only case where there is any doubt in this issue.

Andrae Muys



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