Re: Question on GPL compliance

2006-01-20 Thread Bernhard R. Link
* Daniel Carrera [EMAIL PROTECTED] [060119 17:15]:
 Suppose I have an online store that sells CDs of GPL software. People 
 buy the CD and we ship it to them. One obvious way to comply with the 
 GPL is to always send a second CD with the sources.
 
 Now, here's another idea. Suppose that when the user clicks buy they 
 get a message: would you like the sources CD? (extra $2). If they 
 click yes we package it too. If they click no we don't, and never again 
 have to worry about the sources because we did give them a chance. And 
 because the offer was for a CD, it is an equivalent medium.
 
 In your non-lawyer opinion, is this an appropriate use of the GPL?

I doubt it, as you are selling the CDs and not the service of copying
CDs. (Though the latter case most propably only make the situation
more complex.). So the is made by offering access to copy does not
help as someone pointed out.

Without the extra $2 I could imagine something like
Your buy includes an extra source CD. If you want to not get
 it sent, we will recycle the CD by trying to sell it someone
 else. Do you want us to throw it into the recycle bin on your
 behalf instead of sending to you?.

Though the lawyers and judges would surely find some problem with
that, too.

Hochachtungsvoll,
  Bernhard R. Link


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Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Hi all,

I'm looking for ways to comply with the GPL without the 3-year 
requirement (I don't know where I'll be in 3 years).


Suppose I have an online store that sells CDs of GPL software. People 
buy the CD and we ship it to them. One obvious way to comply with the 
GPL is to always send a second CD with the sources.


Now, here's another idea. Suppose that when the user clicks buy they 
get a message: would you like the sources CD? (extra $2). If they 
click yes we package it too. If they click no we don't, and never again 
have to worry about the sources because we did give them a chance. And 
because the offer was for a CD, it is an equivalent medium.


In your non-lawyer opinion, is this an appropriate use of the GPL?

Cheers,
Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Michael Poole
Daniel Carrera writes:

 Hi all,
 
 I'm looking for ways to comply with the GPL without the 3-year
 requirement (I don't know where I'll be in 3 years).
 
 Suppose I have an online store that sells CDs of GPL software. People
 buy the CD and we ship it to them. One obvious way to comply with the
 GPL is to always send a second CD with the sources.
 
 Now, here's another idea. Suppose that when the user clicks buy they
 get a message: would you like the sources CD? (extra $2). If they
 click yes we package it too. If they click no we don't, and never
 again have to worry about the sources because we did give them a
 chance. And because the offer was for a CD, it is an equivalent
 medium.
 
 In your non-lawyer opinion, is this an appropriate use of the GPL?

Section 3 of the GPL does not seem to permit that:

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.

Michael Poole


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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

Section 3 of the GPL does not seem to permit that:

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.


Alright, thanks. I guess we'll ship two CDs then. I am very risk adverse 
and I don't want to worry about the sources.


Cheers,
Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

But you know? This also affects selling CDs at a conference.

If you are at a confernece giving out CDs, you are not offering access 
to copy. So giving them the option to burn a source CD for them 
wouldn't count. Correct?


Daniel.

Michael Poole wrote:

Section 3 of the GPL does not seem to permit that:

If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.

Michael Poole





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Re: Question on GPL compliance

2006-01-19 Thread Michael Poole
Daniel Carrera writes:

 But you know? This also affects selling CDs at a conference.
 
 If you are at a confernece giving out CDs, you are not offering
 access to copy. So giving them the option to burn a source CD for
 them wouldn't count. Correct?

I would distinguish that case by the cost.  If your web site has a
checkbox that the user can check to receive the source CD at no
additional cost, then I think your situation would be the same as the
situation at a conference.

Michael Poole


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Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

I would distinguish that case by the cost.  If your web site has a
checkbox that the user can check to receive the source CD at no
additional cost, then I think your situation would be the same as the
situation at a conference.


At the conference I would be giving the sources CD for the cost of the 
media ($2).


Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Michael Poole
Daniel Carrera writes:

 Michael Poole wrote:
  I would distinguish that case by the cost.  If your web site has a
  checkbox that the user can check to receive the source CD at no
  additional cost, then I think your situation would be the same as the
  situation at a conference.
 
 At the conference I would be giving the sources CD for the cost of the
 media ($2).

The GPL only explicitly permits this for the three-year written offer
case.  Perhaps suggest that GPLv3 allow it?

Michael Poole


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Re: Question on GPL compliance

2006-01-19 Thread Alexander Terekhov
On 1/19/06, Daniel Carrera [EMAIL PROTECTED] wrote:
[...]
 Alright, thanks. I guess we'll ship two CDs then. I am very risk adverse
 and I don't want to worry about the sources.

Even if you feel under obligation to do what the GPL decrees, your
customers can of course make a promise not to come back to you
later asking for CDs with sources when they expressly don't want
that accompanied CD.

regards,
alexander.



Re: Question on GPL compliance

2006-01-19 Thread Daniel Carrera

Michael Poole wrote:

The GPL only explicitly permits this for the three-year written offer
case.  Perhaps suggest that GPLv3 allow it?


The three year offer is precisely what I'm trying to avoid. I don't know 
where I'll be in three years, and I don't want to worry about being able 
to provide sources for a CD I gave or sold 3 years before whose contents 
I wouldn't remember.


Cheers,
Daniel.
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Re: Question on GPL compliance

2006-01-19 Thread Gervase Markham
Michael Poole wrote:
 The GPL only explicitly permits this for the three-year written offer
 case.  Perhaps suggest that GPLv3 allow it?

I agree with Daniel that it would be sensible to permit this, and I've
actually made this suggestion already on their rather cool commenting
webtool. Here's the thread if anyone wants to chip in:
http://gplv3.fsf.org/comments/rt/readsay.html?id=201

Gerv


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