From: "David Schwartz" <davids@webmaster.com>
To: <linux-kernel@vger.kernel.org>
Subject: RE: possible GPL violation by Free
Date: Mon, 11 Oct 2004 13:05:42 -0700
Message-ID: <MDEHLPKNGKAHNMBLJOLKEEJNOOAA.davids@webmaster.com>
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>?Moreover,?Freebox?boots?(each?power?cycle)?over?the?network?and
> downloads the OS (which seems to Linux and it's not resident). The
> bootstrap code used to boot over network is from Broadcom (for V4
> model). So even if you can buy it, you just have a box without any
> OS inside.

	This is clearly a form of software distribution, regardless of who owns or
doesn't own the box the software is being distributed to. The argument then
becomes who it is that's entitled to the source code.

	So now the question becomes can you "lend" someone GPL'd software without
having to "lend" them the source code. It is pretty clear that this practice
is illegal in the United States:

"(b)(1)(A) Notwithstanding the provisions of subsection (a), unless
authorized by the owners of copyright in the sound recording or the owner of
copyright in a computer program (including any tape, disk, or other medium
embodying such program), and in the case of a sound recording in the musical
works embodied therein, neither the owner of a particular phonorecord nor
any person in possession of a particular copy of a computer program
(including any tape, disk, or other medium embodying such program), may, for
the purposes of direct or indirect commercial advantage, dispose of, or
authorize the disposal of, the possession of that phonorecord or computer
program (including any tape, disk, or other medium embodying such program)
by rental, lease, or lending. Nothing in the preceding sentence shall apply
to the rental, lease, or lending of a phonorecord for nonprofit purposes by
a nonprofit library or nonprofit educational institution. The transfer of
possession of a lawfully made copy of a computer program by a nonprofit
educational institution to another nonprofit educational institution or to
faculty, staff, and students does not constitute rental, lease, or lending
for direct or indirect commercial purposes under this subsection."

	And here's the truly hilarious part -- if not for their download scheme,
they would be exempt from this law! It goes on to list as an exception:

"(i) a computer program which is embodied in a machine or product and which
cannot be copied during the ordinary operation or use of the machine or
product."

	IANAL.

	DS


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