> -----Original Message-----
> From: Charlie Brady [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, August 22, 2001 3:47 PM
> Subject: Re: [e-smith-devinfo] GPL issues (was: e-smith.com (was: SME
> Server V5 with ServiceLin k announced))


> Not so. Consult a nearby copy of COPYING. There you will find:
> 
> ...
>     b) Accompany it with a written offer, valid for at least three
>     years, to give any third party, for a charge no more than your
>     cost of physically performing source distribution, a complete
>     machine-readable copy of the corresponding source code, to be
>     distributed under the terms of Sections 1 and 2 above on a medium
>     customarily used for software interchange; or,
> ...
> 
> Note, "any third party".

True, but this does not mean making it FREELY available, as in including
source with executables or posting source to a public archive. You may
distribute the program without the source AND never make the source
available UNLESS asked for it.

As I noted elsewhere, there is debate as to what "any third party" means. In
common language that would appear to mean anyone and everyone, but in legals
terms it apparently means something else. That is the problem with legal
documents, especially those written using common language. When it comes
time to interpret the document the terms used are subject to legal
interpretation, which is often quite different from the common
understanding.

It is understood (in the US, at least) that common language loses its common
understanding when used in a legal context (which is why in the US it is
always a good idea to have even the simplest of legal documents drafted or
at least reviewed by a qualified attorney.)

> > this means. Either it means that if I distribute the 
> software, then I must
> > make code available to ANYONE who asks for it.
> 
> That seems pretty clear to me.

Even if that is the correct interpretation, this does not mean that just
because someone finds my GPL code and says "Gee, I'd like to have the source
for this" that the source must be readily and publically available. It only
means that IF they want it, and IF they bother to ask, that I MUST provide
it to them (and AT A REASONABLE COST to cover my expenses, if I so choose.)
Just because they ask does not obligate me to provide it to them FREE OF
CHARGE.

The point I had hoped to convey was that the GPL is too often misread to
mean that EVERYTHING is free, as in "no charge, no money changes hands, no
bounderies, mine-mine-mine." That is not the case. Quoting the Preamble of
the GPL itself:

"When we speak of free software, we are referring to freedom, not price."

And from the fsf.org site defining "free" software
(http://www.fsf.org/philosophy/free-sw.html):

'"Free software" is a matter of liberty, not price. To understand the
concept, you should think of "free" as in "free speech," not as in "free
beer."'

Too often discussions and interpretations of the GPL neglect these
fundamental principles and reach the opposite conclusion.

Anyway, too much philosophy for one day ;-)

Scott

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