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Date: Mon, 10 Feb 2003 11:42:45 -0600
From: Oliver Xymoron <oxymoron@waste.org>
To: Alan Cox <alan@lxorguk.ukuu.org.uk>
Cc: jeff millar <wa1hco@adelphia.net>, Christoph Hellwig <hch@infradead.org>,
       Linux Kernel Mailing List <linux-kernel@vger.kernel.org>
Subject: Re: Monta Vista software license terms
Message-ID: <20030210174245.GI28107@waste.org>
References: <Pine.LNX.3.96L.1030205115551.1886A-100000@ndeb.net> <20030205171613.GB14909@nevyn.them.org> <87adhafx0d.fsf@topo.binary-only.priv> <20030205175428.A23701@infradead.org> <01c601c2cd7c$be4002a0$6a01a8c0@wa1hco> <20030210071854.GH28107@waste.org> <1044883477.418.11.camel@irongate.swansea.linux.org.uk>
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On Mon, Feb 10, 2003 at 01:24:38PM +0000, Alan Cox wrote:
> On Mon, 2003-02-10 at 07:18, Oliver Xymoron wrote:
> > >     1. Can MontaVista add separate terms to their purchase agreement that
> > > forbid/discourage/impede publishing the source?
> > 
> > Can they or do they? I know that people I've worked with have signed
> > broad NDAs on code they've gotten from MontaVista, though such
> > agreements almost certainly qualify as 'additional restrictions'
> > against the GPL.
> 
> The GPL doesn't permit such restrictions (its an additional restriction)
> but as I understand it the MontaVista packages include a lot more than
> just free software, so the GPL rights probably only apply to the GPL
> packages in their setup

I certainly agree, but the problem is the NDA puts the shoe on the
other foot and now it's the customer that has to consult a lawyer or
risk a nuisance suit before proceeding. So while it may not forbid, it
certainly discourages and impedes. Let me point out that I never saw
the NDA in question but said coworker was sufficiently intimidated by
it that he was unwilling to give me a copy of the kernel and gcc
sources because of it.

Not that it ended up mattering - I managed to get stock Debian running
on the board with all the board support I needed in a matter of a
couple of days.

-- 
 "Love the dolphins," she advised him. "Write by W.A.S.T.E.." 
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