This is what I got back from IBM's attorney. Given that there seem to be other problems that would prevent GPL compatibility, I don't think I'll pursue this further.
Thanks Bruce > > I am a little confused by the scenario, but let me try to help. I am not sure > why C would go to B for anything but nevertheless I > think the answer will turn on the exact language of A's agreement and what > obligation they seek to pass on. If the language > was crisp and clear and the obligation was an enforceable one I would think > that > A could require it to be passed on and B would > have accepted that obligation when they took the object code (and accepted the > associated license agreement). However, I am > not sure whether C would have legal "standing" to sue B on the obligation that > they failed to adhere to in A's agreement - because > the "agreement" with the obligation is officially between A and B and not C. > But there is a theory called at third party beneficiary - > so C could try to argue that they were the intended third party beneficiary of > the Agreement between A and B and therefore C should be > able to pursue B if they fail to live up to their obligation. Please note, > however, that the third party beneficiary theory is subject to a number > of caveats and may or may not apply- the outcome will likely focus on the > language of A's agreement. For example, if A's agreement had an > express provision that said that all persons to which B gives the code are > intended third party beneficiaries to this Agreement > there would be a stronger argument that C would have the right to go after B > in > court. > > That is not to say that even if C does not have a right to sue B on the > Agreement between A and B - that C can still convince > A to sue B for B's failure to adhere to the terms of their agreement. I am > not > sure if this helps..... but If you would like to provide > me the exact wording of the obligation I may be able to help you further. > Also, > just wondering does this have anything to do > with the IBM Public License? >