On Tue, 17 Mar 2009 07:34:19 -0500, Curtis wrote in message 
<ef5fc9920903170534s75b2f92bo4352f46a742e0...@mail.gmail.com>:

> On Tue, Mar 17, 2009 at 5:23 AM, Jon S. Berndt wrote:
> 
> >  There are some things we need to know that aren’t described below.
> > Was the FlightGear source modified? If not, then they would be
> > distributing an existing FlightGear that anyone can download. All
> > they need do is mention where FlightGear source can be obtained. If
> > they have modified source code to FlightGear, then they should make
> > the source code available (if requested) to anyone who asks. That
> > doesn’t mean anyone would want it. I also would not have a problem
> > with source code to a demo NOT being released if the intent was to
> > keep (at this time) potentially dysfunctional code from escaping
> > into the wild, as long as the eventual production code was made
> > available, if requested, and if potential customers were made aware
> > of that right to the source code.
> >
> >
> >
> > You’ve got to ask, really, is FlightGear made to be used or not? Is
> > a usage good for the long term, or not? How persnickety do you
> > really want to get? As we’ve discussed before, money is not the
> > issue, but whether the customer is aware of the fact that the
> > source code is available (and perhaps that the program can be
> > downloaded freely from the FlightGear web site).
> >
> >
> >
> > Is FlightGear GPL or LGPL?
> >
> 
> FlightGear is GPL.  FlightGear is of course made to be used.  In the
> hypothetical situation I am describing, I have not had any
> hypothetical contact with the hypothetically alleged GPL infringer so
> I have very little information to go on (hypothetically.)
> 
> The consensus is that only distributing a demo or free copy of a
> modified binary does not exempt someone from honoring the terms of
> the GPL.  That makes perfect sense and it's good to cut away that
> potential distraction.
> 
> It is also good to be reminded that distributing a modified binary

.."modified" only adds a requirement to offer their own source, along
with ours, and compliance can be done with a pointer to git|svn|cvs.fgo
and their own patch(es) from their own site and a threat of FG source 
on human readable clay tablets.

> isn't necessarily a violation in and of itself.  The violation would
> technically happen when someone who received the modified binary
> asked for the modified source code and was refused.

..yup, assuming the source offer "was made."  If it isn't made, 
that failure becomes the violation.

> Here's a question:  Does a 3rd party have the right to ask for the
> modified source code, even if none of the entities receiving the
> modified program don't care to ask for the source code?

..this is _one_ reason I prefer the GPLv3, avoids that litigation 
bait trap in GPLv2, it is _too_ open to interpretion_s_.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.

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