Eeesh!

Joining this list has been both uncomfortable and educational at the same
time...is everyone greeted with such 'hospitality'?...lol

OK, so what about this:

AV Linux goes GPL(3) and I issue a disclaimer statement declaring which
EXACT packages are 'non-free' but come bundled with the ISO and clearly
state that the declared non-free packages must be removed in order to
redistribute AV Linux...

Will this appease the powers that be?

In all seriousness thanks for the feedback, -GLEN



>> Well I'm not a lawyer either so we have something in common!
>
> Hi Glen and the others,
>
> likewise, I'll join the club of non-lawyers discussing legal issues ;-)
>
> Am 05.10.2011 00:41, schrieb [email protected]:
>> I've been distributing AV Linux like this since 2007 and ....
>
>> ... but I was under the impression that any derived work could be
>> licensed
>> outside of the GPL provided the source code of the derived work was made
>> available upon request.
>
> This impression is simply wrong. You just had the luck that no one sued
> you.
>
> This matter isn't difficult.
> Any confusion boils down to being precise with the term "derived work".
>
>
> If you want to license a "derived work" *outside* the GPL, then you need
> to
> negotiate with *each* contributor to the GPLed work to get you an
> *separate*
> usage agreement for his/her code *independent* of that code being
> published
> also under the GPL.
>
> If you can't do that, the GPL as it stands is crisp and clear.
> *You* use GPLed content to build your derived work.
> This implies that *you* comply to the GPL beforehand.
> And the GPL dictates that every derived work has to be
> *licensed again under the GPL*. End of the discussion.
>
>
> This is what often is referred to as the "infectious" or "viral" property
> of the GPL. Other licenses (e.g. the Apache License) are deliberately
> different and do not employ this strict ruling.
>
>> The 'source code' is the ISO image...
>
> Sorry, no.
> Source code is source code is source code. This isn't a matter for
> interpretation. Source code is an textual or similarly editable
> representation from which you can re-create your whole delivery.
>
> There is an absolutely simple criterion: What everyone can rebuild
> from the accessible source code, needs to be equivalent to what
> you distribute in binary form (including all your modifications).
>
> Btw: that exactly was the reason why GPL doesn't play well for
> distributing media content. That's one of the reasons, why
> we have the CreativeCommons licenses.
>
>
>> .... and of course the GPL content of Debian has it's source code freely
>> available as well. Regardless the icluded closed source content falls
>> outside
>> of the GPL and there is no law forbidding me to distribute it on an ISO
>> of my
>> making providing I have the permission of the developers which I do.
>
> What you do here is compiling several products into a distribution.
> That is another matter altogether. Indeed you're free to do so. The key
> distinguishing point is if you just ship independent pieces together,
> as opposed to combining GPLed and non-GPLed code into a new product.
>
> If you do the latter, the GPL rulez! But you're always free to do the
> former (just shipping together). Just in that case you need to make clear
> to your users that they get content with two different licenses, and,
> because you're distributing GPLed content as part of your distribution,
> *you* need to make the source code for that GPLed content available.
>
> It doesn't suffice that you state that everyone interested can get the
> source code from "somewhere". *You* need to provide it. The GPL-2 even
> contains some rules on how, and how much you're allowed to charge for
> e.g. mailing an CD with source code to a user requesting that from you.
>
> The GPL-2 is very outdated in that respect, indeed. If I recall correct,
> only the GPL-3 contains a ruling that it is sufficient to publish an
> URL to a net server holding the full and exact source code, and that
> you're not bound to ship floppies to some bozo in Mongolia where there
> is no internet access. Nevertheless, even with the GPL-3, you need to
> assure that that net server is reasonably accessible.
>
> To elaborate on that point: Debian doesn't keep an archive of superseded
> source code versions. If you e.g. base your code modifications on some
> library in Debian/oldstable, some years ahead that basic code won't
> be accessible from Debian anymore. If you hit an evil spirited lawyer,
> you can get a lot of trouble consequently.
>
>
> Please understand me right. I am all sympathetic with what you do!
> Just, if there are some values at stake, commercially, I can only
> recommend to check the legal issues with a real lawyer and to
> make sure you're in the safe zone.
>
> Keep the good work up!
> Cheers,
> Hermann Vosseler
>
>
>
>
>
>
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>



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