I misread section 3a and thought it was saying that you could only charge as much as the working version for the source but it really says that you can only charge as much as it physically costs you to distribute the source.
As far as delivering the source, they are obligated to deliver it upon request.
Where does it say that? I read that you *must* choose *one* of the three A, B, or C, options.
A) Doesn't say anything about releasing the source upon request.
It only states that the sources must accompany the binaries, and that you must give the person recieving both no less rights and options you have and no more restrictions than you have.
B) does require you to offer and distribute the sources to 'any third party', but only if you have *not* included them with the binaries in the first place.
Obviously as Wez stated this is all irrelevant if they're already violating the GPL in other ways.
I was only refuting the claim that if you found a company on the web distributing a comercial proudct that was based on a GPL one, that you can just walk (or email as the case may be) in and demand the source code.
I beleive that if they're distributing under option A, then you may have to:
1.) pay for one copy and get the source with it.
or
2.) find someone who has paid for one copy, and get them to re-distribute the source (and/or binaries) as the GPL allows them to do.
-Kyle
The only option they are given is to charge for the delivery or not. In the end, though, they are obligated to deliver. Neither company has delivered to date and Smart code has promised NEVER to deliver at any cost. That is a direct violation of the licensing terms.
- Steve
-----Original Message-----
From: Kyle McDonald [mailto:[EMAIL PROTECTED] Sent: Friday, April 08, 2005 9:40 AM
To: Steve Bostedor
Subject: Re: What good is VNC's GPL?
Steve Bostedor wrote:
Actually, I think you're wrong about them 'oweing' us anything.
The GPL states that they only have to offer, and provide the
sources to the people they distribute the binaries to. This means theonly people that are 'owed' the sources are the paying customers.
Of course once a paying customer has the source the GPL let's them
do whatever they want with it. So they can give it away for no-cost if they like and the person they bought it from can't say a thing. (and they shouldn't come under any reprisals from the seller for doing so, but that seems to be ignored by the FSF in at least one case - www.sveasoft.com )
But they *don't have to* give the source to us just because we ask.
-Kyle
This has turned into a fun and interesting debate. Now for
my 2 cents
... Again. ;) They do, according to the section of the GPL that I pasted in a previous email, have to provide the source when
asked for.
In fact, their product must be distributed either WITH the
source or
there must be a visible link on their website to get the
source. The
can charge no more than the cost of their compiled product for the source code but they can not reject requests to purchase the source code.
Ok. Well, charging no more for the source only than they charge for the binary that includes source, is not that different than only letting people who buy the binary have the source. I mean paying the price of the binary to get the source is just like buying the binary with source and then ignoring the binary.
But reading the GPL snippet in your other message, I don't see any text that says 'you can charge no more for the source than you do for the binaries'
Actually a vendor who chooses option A *can* only give the source to those who get the binaries by including the sources in with the binaries and charging the one price for that.
This particular company distributes a free shareware
version of their
software. That free download must, according to the GPL, have the source code with it. It's really all in black and white
and in only
the first few sections of the GPL.
Option A says the source must be with it, but they're also free to choose Option B, which allows them to charge a seperate fee for the source at a later time.
-Kyle
-- _ -------------------------ooO( )Ooo-------------------------------- Kyle J. McDonald (o o) Systems Support Engineer Sun Microsystems Inc. ||||| [EMAIL PROTECTED] 1 Network Drive \\\// voice: (781) 442-2184 Burlington, MA 01803 (o o) fax: (781) 442-1542 --------------------------------ooO(_)Ooo-------------------------
--
_
-------------------------ooO( )Ooo--------------------------------
Kyle J. McDonald (o o) Systems Support Engineer
Sun Microsystems Inc. ||||| [EMAIL PROTECTED]
1 Network Drive \\\// voice: (781) 442-2184
Burlington, MA 01803 (o o) fax: (781) 442-1542
--------------------------------ooO(_)Ooo-------------------------
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