On 8/17/13 4:21 AM, "TJ" <[email protected]<mailto:[email protected]>> wrote:
As I understood it the GPL precludes distributors from imposing additional terms; surely that includes imposing a legal agreement in order to obtain the source? That is correct in so far as section 6 of GPLv2, which states, ". . . You may not impose any further restrictions on the recipients' exercise of the rights granted herein. . ." but I don't believe the Agreement you've included below imposes any further restrictions - see comments. From: http://opensource.samsung.com/reception/receptionSub.do?method=modal "Please take a moment to read the legal agreement. If you accept the terms below, please click ŒAgree¹. Samsung Electronics, Co. Ltd. ("Samsung") is pleased to make available to you the various source codes ("Source Codes") for download from this website ("Download Service") at no charge. By using the Source Code and/or the Download Service, you expressly assume all risk and liability associated with and/or caused by the same and complying with all applicable user agreements that accompany each Source Code. This, to me, is like restating the disclaimer that the GPL already includes. I'd also consider this a "gentle reminder" that there may be compliance actions associated with the licenses that the source that is being provided. To the extent any of the Source Codes are licensed under public licenses such as the GNU General Public License and/or GNU Lesser General Public License, such licenses can be found in each of the files containing the Source Codes. No restrictions here, I refer to this as an "FYI" clause, as in, I don't really have to tell you this, but I'm going to point it out to make sure you notice. Samsung provides the Source Codes and this Downloading Service "as is" without representation or warranty of any kind and all such warranties, express or implied, are hereby disclaimed, including, without limitation, warranties of merchantability, fitness for a particular purpose accuracy, completeness, currency, availability, title, or non-infringement. Samsung will not be liable for any damages of any kind arising from the use of the Source Code and this Downloading Service, including, but not limited to direct, indirect, incidental, punitive, and support or assistance with respect to the Source Codes or the Download Service. Again, this is reaffirming the "as is"/no warranty nature of the software being provided, which is what GPL states to begin with. This downloading service shall not affect not extend any warranty or disclaimer which Samsung makes in each of Samsung¹s products in which the Source Code (or object/executable code based thereon) is incorporated." Samsung is certainly allowed to choose when or how any warranty they offer to customers directly expire or apply. Again, I don't see this as imposing any further restriction on the GPL code being provided. While it may seem uncomfortable to have to "agree" to any kind of an agreement to get to the source code, so long as the terms that one must agree to do not violate section 6, then I don't see that as being a conflict. Of course, I'd be curious to hear if Bradley, Armijn, and Harald agree :) Cheers, Jilayne (first time posting!)
