On Wed, 05 Jun 2013 12:21:56 +0200, Nils wrote in message 
<[email protected]>:

> Hi!
> I now had a longer email conversation with Thalia, who sold the Oyo
> ebook reader which implements Linux and other GPLed stuff.
> 
> The conversation was in German and I would like to forward it here
> since I am now at a point where I actually do not fully know where
> the legal boundaries are.

..links to German source and best translation links, please.

> The problem e.g. is that I bought the device from a third party, not
> from Thalia directly. Thalia was the OEM that sold them originally in
> Germany. The ODM is Medion.
> I now have the problem that Thalia does not want to fulfill the
> requirements of the GPL since they say that I am not their customer.
> Formally this is true. But they are still offering the firmware
> binaries from their servers!

..wget them.  That makes you "their customer". ;o)

> Medion did not reply yet at all :(
> 
> So what can / should I do now?
> What are my actual rights? Do I need to be a first hand customer to
> claim my rights? And what are my rights as copyright holder of some of
> the used parts? Who is the infringing party, is it Thalia as OEM or
> would I rather need to go after Medion, the ODM?

..also consider your obligations if you want (or e.g. are ordered by 
a court of law) to pass these on to somebody else without being able 
to pass on the source code.  You then violate the GPL.

> 
> Since the three years that are guaranteed by the GPL are running I
> would like to get this settled rather sooner than later.
> 
> 
> Any advice how to proceed is welcome!
> 
> Cheers
>   nils
> 
> 
> 


-- 
..med vennlig hilsen = with Kind Regards from Arnt Karlsen
...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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