[H-GEN] Kernel source

Raymond Smith raymond at humbug.org.au
Thu Oct 30 00:35:40 EST 2003


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Ben Carlyle wrote:
> Raymond Smith wrote:
>> Jason Parker-Burlingham said:
>> > Mandrake should not be handing out compiled binaries without also
>> > handing out source code.
>> But they do not have to do that on the same CDs/ISOs. They would be
>> quite within their rights to only offer the source to people
>> who asked, with a modest fee to cover cost of distribution.
>> I see no problem here, unless Mandrake is saying 'no we will
>> not give you the source at all'.
>
> IANAL, but given this context I think it's also relevant to point out
> that  Mandrake would not be required to provide the sources of these
> pre-release  GPL binaries to just anyone. It would only be the people
> they actually distributed the binaries to that would be automatically
> eligible to request and recieve the sources at the cost of
> distribution.

Nor am I a Lawyer, but I think the FSF would take a different view:
   http://www.gnu.org/licenses/gpl-faq.html#WhatDoesWrittenOfferValid

So, you are right if it is a beta program of the sort described by
Andrae. But if it is a public pre-release distributed under the terms
of the GPL, then it they must provide source code to anyone who is
licensed under the GPL.

> Given that this appears to be an important issue to at least a few list
> members, perhaps someone who has been given the binaries directly by
> Mandrake could ask Mandrake if the sources would be available. An
> affirmative response would clear any confusion, and a negative response
> would be slashdot material.

Good idea. Jason: are you planning to do this?

Cheers,

Raymond
-- 
raymond at humbug.org.au



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