From: Dmitry Torokhov <dtor_core@ameritech.net>
To: Michael Poole <mdpoole@troilus.org>
Subject: Re: GPL Violation of 'sveasoft' with GPL Linux Kernel/Busybox +code
Date: Tue, 9 Nov 2004 23:28:16 -0500
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Cc: Kyle Moffett <mrmacman_g4@mac.com>,
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       Alan Cox <alan@lxorguk.ukuu.org.uk>, davids@webmaster.com,
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On Tuesday 09 November 2004 11:14 pm, Michael Poole wrote:
> Kyle Moffett writes:
> 
> > > You can fully exercise your rights under the GPL; they are not
> > > restricted.  However, you cannot expect future support from Sveasoft.
> > But if I paid $20 for one year of said support?
> 
> The contract might have a termination clause triggered if you do a
> handstand or file a patent lawsuit against Sveasoft.  By your
> argument, that would make the contract breach the GPL, since you could
> not use the GPLed software while doing those things -- which is
> ridiculous on its face.
> 
> > > Only your contract entitles you to that support, and if you do
> > > something to terminate your contract, it is outside the GPL's scope.
> > What _is_ inside the GPL's scope is that no contract may require me
> > to abstain from my GPL rights.  If I use my full GPL rights, then they
> > are telling me that I break the contract and lose my $20 support.
> 
> That depends greatly on the wording of the contract.
> 
> Interestingly, the only description I can find on Sveasoft's web page
> says this:
> 
>     Sveasoft firmware and support is available for a yearly $20 USD
>     subscription fee. A subscription includes unlimited access to
>     firmware upgrades and unlimited access to priority support.
> 

http://www.sveasoft.com/modules/phpBB2/viewtopic.php?t=3868

> Post subject: I am a Sveasoft subscriber, can I redistribute?
> ...
> The policy for pre-release firmware is different. You may choose to
> redistribute only those portions of pre-release firmware specifically
> covered by the GPL license. Those portions of the distribution that are
> separate additions developed by Sveasoft as part of a pre-release
> distribution may not be re-distributed. Redistribution of pre-release
> firmware that includes Sveasoft's non-GPL code will result in the
> termination of your subscription.
> 

So it looks like they are in clear, unless those separate additions are
derived from GPLed software.

-- 
Dmitry
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