Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S265728AbTF3Fox (ORCPT ); Mon, 30 Jun 2003 01:44:53 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S265751AbTF3Fox (ORCPT ); Mon, 30 Jun 2003 01:44:53 -0400 Received: from mail.webmaster.com ([216.152.64.131]:30461 "EHLO shell.webmaster.com") by vger.kernel.org with ESMTP id S265728AbTF3Fow (ORCPT ); Mon, 30 Jun 2003 01:44:52 -0400 From: "David Schwartz" To: Cc: "Andre Hedrick" , Subject: RE: Dell vs. GPL Date: Sun, 29 Jun 2003 22:59:09 -0700 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.6604 (9.0.2911.0) Importance: Normal In-Reply-To: X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1106 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1563 Lines: 38 > On Sun, 29 Jun 2003, David Schwartz wrote: > >> First since it effects ATA it is my issue for the most part. > >> You have no stake or issue to pursue GPL violations if there are any. > > False. He is an intended third party beneficiary of the GPL. > As I understood it, only the copyright holder of the code could pursue GPL > violations. I believe the FSF will give help to anyone who wishes to > pursue such action for 'the little guys' out there. There could be some unusual quirk of the law that I'm not aware of. But it would be unbelievably unusual if you could be a named third-party beneficiary of a contract that specifically stated that you were entitled to something and yet you still couldn't sue to enforce that entitlement. There are sections of the GPL that specifically state that those who receive copies of covered works are intended beneficiaries. Like this section: "For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights." It is quote clear that this entitlement is specifically intended to benefit the recipients and not to benefit the copyright holder. DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/