Date: Wed, 29 Nov 2000 21:08:30 +0100
From: "Henning P . Schmiedehausen" <hps@tanstaafl.de>
To: "Dr. Kelsey Hudson" <kernel@blackhole.compendium-tech.com>
Cc: linux-kernel@vger.kernel.org
Subject: Re: Fasttrak100 questions...
Message-ID: <20001129210830.J17523@forge.tanstaafl.de>
Reply-To: hps@tanstaafl.de
In-Reply-To: <8voa7g$d1r$1@forge.tanstaafl.de> <Pine.LNX.4.21.0011291152500.5109-100000@sol.compendium-tech.com>
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In-Reply-To: <Pine.LNX.4.21.0011291152500.5109-100000@sol.compendium-tech.com>; from "Dr. Kelsey Hudson" on Wed, Nov 29, 2000 at 11:53:59AM
Sender: linux-kernel-owner@vger.kernel.org

No.

If I modify the kernel or any other GPL software for my personal use
and give it to no one, I am _not at all_ forced to make it public.

Only if I distribute a compiled kernel or any other program under GPL,
then I must give also the sources on request (!) and may not put any
restrictions on your redistribution of these sources. Only thing that
you must obey is again the GPL.

I use heavily patched kernels with lots of inhouse-stuff on a regular
base for my inhouse use and there is _no_ way for you to even get a
glimpse at it.  I don't give this to anyone, it's all just my personal
stuff.

You can't force me to give you a copy of my blafoo driver until I
chose to either release it to the public in which case I must put it
under GPL as it contains GPLed code or distribute a binary version to
a customer, which then in turn has the right to request the source
from me and (after he got it, because I am bound by GPL to give it to
him), distribute it freely as this right is granted to him by GPL.

I am even allowed to erase my sources without making them ever public.

Please read the GPL:

--- cut ---
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.  The act of
running the Program is not restricted, and the output from the Program
--- cut ---

I don't distribute the software. I just run it.

--- cut ---
  2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
--- cut ---

I chose not to copy and distribute these modified programs which is
perfectly covered by my license which I got when obtaining the
sources.

Anything else would mean that I can send E-Mail to Linus Torvalds
every five minutes and request a verbatim copy of his current hacking
kernel tree as it is under GPL, which he is the forced to give to me
because of the GPL. This would be utter nonsense.

	Regards
		Henning


On Wed, Nov 29, 2000 at 11:53:59AM -0800, Dr. Kelsey Hudson wrote:
> On Sat, 25 Nov 2000, Henning P. Schmiedehausen wrote:
> 
> > No, it does not. Distributing does. You will never get this right. You
> > can compile into your kernel anything you like as long as you don't
> > give it away.
> 
> You are wrong: If you modify the kernel you have to make it available for
> anyone who wishes to use it; that's also in the GPL. You can't add stuff
> to it and then not distribute it, that's in violation.
> 
>  Kelsey Hudson                                           khudson@ctica.com 
>  Software Engineer
>  Compendium Technologies, Inc                               (619) 725-0771
> ---------------------------------------------------------------------------     

-- 
Dipl.-Inf. (Univ.) Henning P. Schmiedehausen       -- Geschaeftsfuehrer
INTERMETA - Gesellschaft fuer Mehrwertdienste mbH     hps@intermeta.de

Am Schwabachgrund 22  Fon.: 09131 / 50654-0   info@intermeta.de
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