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Date: Wed, 5 Feb 2003 14:02:38 -0500 (EST)
From: Nilmoni Deb <ndeb@ece.cmu.edu>
Reply-To: Nilmoni Deb <ndeb@ece.cmu.edu>
To: Alan Cox <alan@lxorguk.ukuu.org.uk>
cc: Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
Subject: Re: Monta Vista software license terms
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Message-ID: <Pine.LNX.3.96L.1030205135812.5144e-100000@frodo.ece.cmu.edu>
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On 5 Feb 2003, Alan Cox wrote:

> On Wed, 2003-02-05 at 11:58, Nilmoni Deb wrote:
> >  Note that your obligation is strictly to the recipients of binaries
> > (i.e., your customers). You have no responsibility to the "community" at
> > large."
> 
> This is correct. Its actually very important. A lot of GPL software is
> created by a small company for another. It would be completely unfair
> for that small company to be expected to ship stuff to everyone. Their
> customer may choose to but then they must distribute sources and so in
> turn.

While one issue stands resolved (that a vendor complying with clause 3a of
GPL 2.0 does not have to comply with 3b), the GPL may have been
misprepresented by MontaVista, as per the opinion of a FSF member (Dave
Turner via RT <license-violation@fsf.org>):

-------- EXCERPT STARTS ---------

>  Note that your obligation is strictly to the recipients of binaries
> (i.e., your customers). You have no responsibility to the "community" at
> large."
> 
> 
>       Its the last sentence that is of concern. Does this mean no 3rd
> party (who is not a customer) can get the GPL source code part of their
> products ?

Actually, they're wrong -- if they choose (3)(b), their offer must be
open to all third parties.  And they're wrong about who their
"obligation" is to -- legally speaking, their license comes from the
copyright holder.

-------- EXCERPT ENDS ---------

> Montavista feed a fair bit of stuff back into the kernel, especially at
> the mips end of the universe.

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