Kelly;

On Mon, Oct 04, 1999 at 08:18:47PM -0500, Kelly Lynn Martin wrote:
> On Tue, 05 Oct 1999 09:40:21 +1000, Total Software 2000 <[EMAIL PROTECTED]> said:
> >At 02:07 PM 4/10/1999 -0500, you wrote:
> > >Do you include the source to the Gimp with this CD?
> >No the source code is not included.
> 
> You are hereby requested and required to cease all distribution of
> this product.  Failure to comply may result in substantial civil
> penalties for copyright infringement.
> 
> I am a co-owner of the copyright in the Gimp.  The GPL, which is the
> license which you are required to comply with if you wish to
> distribute the Gimp, requires that you distribute the source along
> with it.

Actually, they don't have to distribute the source - check part 3.b)
of the current GPL found on www.gnu.org, extracted below:

| 3. You may copy and distribute the Program (or a work based on it,
|under Section 2) in object code or executable form under the terms of
|Sections 1 and 2 above provided that you also do one of the following:
|
|    a) Accompany it with the complete corresponding machine-readable
|    source code, which must be distributed under the terms of Sections
|    1 and 2 above on a medium customarily used for software interchange; or,
|
|    b) Accompany it with a written offer, valid for at least three
|    years, to give any third party, for a charge no more than your
|    cost of physically performing source distribution, a complete
|    machine-readable copy of the corresponding source code, to be
|    distributed under the terms of Sections 1 and 2 above on a medium
|    customarily used for software interchange; or,
|
|    c) Accompany it with the information you received as to the offer
|    to distribute corresponding source code.  (This alternative is
|    allowed only for noncommercial distribution and only if you
|    received the program in object code or executable form with such
|    an offer, in accord with Subsection b above.)

However, if they have not complied with 3.b) or 3.c) then they are
certainly in trouble. Frankly, the first sentence of 3.c) is poorly
written - but my guess is that it means that they can just tell
you to check ftp.gimp.org if you want source.

If they are really in violation of the GPL, keep up the fight!

Cheers,

Tom

-- 
--    Tom Rathborne    [EMAIL PROTECTED]
--                     http://www.aceldama.com/~tomr/
--    "I seem to be having tremendous difficulty with my life-style."

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