Quoting Andres Montiel ([EMAIL PROTECTED]):

> I've been thinking about what they're doing (not producing a freely
> distributable/downloadable version). I thought that all Linux distros,
> based on the GPL license, should be freely distributable?

First, you seem to be assuming that, if a codebase must (by its licence
terms) be freely distributable, that somebody in particular is obliged
to (in fact) distribute it.  Let's say that you (hypothetically) had the
right to redistribute Xandros OS.  OK -- but would that mean you're
_obliged_ to redistribute it?  

No?  Then why would anyone else be obliged to do so?

Second, you're assuming that GNU GPL v. 2's clause-3 obligation to
provide source code access necessitates offering downloadable copies.
That's not what the licence says:  Clause 3b says that that obligation
can be satisfied by a written offer, good for three years and open to
any party, to provide source code on machine-readable media commonly 
used for software interchange, for a fee no greater than the cost of 
duplication.

Third, you're (it seems) assuming that entire Linux distributions are
covered by the GNU GPL.  In fact, most of the codebases in such a
distribution are under other licences (Perl Artistic Licence, 2-clause
and 3-clause BSD, MIT/X Consortium, Apache Licence, IBM Common Public 
Licence, LGPL, MPL, etc.)  Merely being on the same disk as GPLed code
does _not_ impose a requirement for that other code to have licensing
even compatible with the GPL, let alone for the GPL to apply to it:  The
GPL itself says this is "mere aggregation", which means the GPL's
effects do not take into effect that other code at all.  

Please do read through the text of the GPL, itself.  It does require
attentive reading, but overall isn't difficult to understand.
Especially please note that clause 3b's source-access provision is a 
requirement to offer matching source code to GPL-covered codebases 
_if and only if_ those codebases have been distributed to outside
parties in binary form.

Xandros is free to satisfy its GPL obligation in any of a number of
ways, and you can undoubtedly find out how Xandros does that, merely 
by buying a copy of the binary boxed set, reading its written notices
inside the box, and seeing how or where you can get source code.  (You
might, for example, need only to mail them a small cheque for the cost 
of duplication, and they'll mail you back a source-code CD-ROM.)

Please note that, under that provision of the GPL, all you'd be entitled
to is the _source code_ (not the binaries) of GPL-covered codebases that 
Xandros has been distributing in public.  Please also note that this 
doesn't entitle you to anything else, and in particular it has nothing
to say about non-GPLed applications.

Also, if you have the impression that the GPL imposes any obligation of
access to _binaries_, then you're simply mistaken.

-- 
Cheers,                   I once successfully declined a departmental retreat,
Rick Moen                 saying that on that day I planned instead to advance.
[EMAIL PROTECTED]                  -- Alan J. Rosenthal, in the Monastery
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