Am 06.06.2013 13:25, schrieb Ralph Corderoy:
> Hi Nils,
Hi!

>> I am working on the binary distribution part now. They have protected
>> the download by a user-agent check, so that a direct http download
>> from a brwoser or wget does not work. But this should be moderately
>> easy to find out.
> 
> Would they not argue that they didn't provide it to you but you cheated
> your way to access by faking the user-agent?  They clearly are not
> intending anybody to obtain the binary by download but only those owning
> the device.

Well, this is actually a pretty interesting legal question - which I can
not fully answer since I am not at all a legal expert. I can only try to
interpret the GPL here.

But if I read it correctly there is no clause in the GPL/LGPL that would
limit eligible third parties to the customers or legal receivers of the
binary form. I would rather interpret it in a way that anyone who
*knows* that these binaries exist *and* that they have been made public
can request their sources.
The GPL says in $2b)
"
b) You must cause any work that you distribute or publish, that in
    whole or in part contains or is derived from the Program or any
    part thereof, to be licensed as a whole at no charge to all third
    parties under the terms of this License.
"
This means as soon as you make it public (by publicly selling the
device) the license applies to "the work" and is valid for "all third
parties". This should mean that also "all third parties" should then be
entitled to receive the source?

> Cheers, Ralph.
Cheers
  nils

-- 
Nils Faerber
Buehlstr. 156
57080 Siegen
https://www.fpresso.de

Reply via email to