On Thu, Aug 29, 2013 at 10:09 AM, Arnt Karlsen <[email protected]> wrote:


> <snip>
>


> ..only if said .gov entity want's to distribute said GPL code
> on to e.g other .gov entities, employees etc "other people."
> for strictly internal use in .gov entity with no distribution
> to the outside and not for employee home use etc, there is no
> distribution.
>
> --
> ..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.
>
> "home use" is a broad term and I am not convince just because a user uses
it at home that it was distributed.  Take for example that this is a laptop
used at work and at home, no distribution from my point of view.  Perhaps
it is a PC given to the user for his home office, still not distribution
the way I understand.  Perhaps it is given to the user for testing
purposes, not distribution however I think there are differing opinions
here.  Outside of this I think we all could agree that there was a
distribution.

Just my two sense.


On Thu, Aug 29, 2013 at 6:28 PM, Bradley M. Kuhn <[email protected]> wrote:

> Bruce Perens wrote:
> > who was for a time a Busybox developer and has been the main plaintiff
> > represented by the Conservancy.
>
> Erik is indeed a member of Conservancy's GPL enforcement coalition of
> copyright holders.  But, I think you misspoke there slightly, Bruce: Erik
> and
> Conservancy were co-Plaintiffs in our GPL enforcement lawsuit together.
>  Dan
> Ravicher represented us as legal counsel in the proceedings.
>
> Before that, Erik did enforcement on his own with his own lawyers, and he
> also
> coordinated with FSF circa 2003 (during my time as FSF's Executive
> Director)
> on the (in)famous Linksys WRT54G violation.
>
> So, it comes down to what you mean by "represents".  Many people use that
> word primarily to mean "as legal counsel".  Conservancy, in this case,
> coordinates individual Free Software copyright holders  to help them
> enforce the GPL, and (when needed) Conservancy helps find lawyers to
> represent them, and our org.  (Conservancy also holds some copyrights that
> developers have assigned to us voluntarily, too.)  Conservancy has various
> different legal counsel and law firms who have helped us over the years in
> doing (initially) BusyBox and (now) Linux, BusyBox, Samba, and et al
> enforcement.
>
>
> (I always have to remind everyone that IANAL... people always seem to
> think I
> am.  I assume you have the same problem, Bruce.  I, like Bruce, am a
> non-lawyer who has spent far too much time around lawyers. :)
>
> > As it happens, some of the surveilance tools out there are made by Erik
> > Andersen, ... As far as I am aware, the surveilance tools use Busybox.
>
> I don't believe what Erik's company develops would correctly be classified
> as
> "surveillance tools".  I haven't received distribution myself of Erik's
> product, but he described it to me on the phone once, and it sounds more
> like
> a user-guided forensic analysis tool (e.g., to extract data of a hard drive
> seized during a criminal case and make sure that the disk isn't
> corrupted/tampered with in the process of extracting the data.)
>
> Assuming the warrants were granted legitimately, and truly met the USA
> Constitutional requirements for such [0], I don't have any objection to
> such
> a tool.  I want our government to enforce, say, child pornography laws and
> be
> able to collect the evidence from the suspect's computers.  I'm, in fact,
> really glad GPL'd software that I've contributed to can help in such an
> endeavor!
>
> Erik did tell me the software uses BusyBox and Erik assured me that there
> is a clear offer for source right on the bootable media of the product. :)
>  I
> am not in possession of that offer for source though.  I suppose you could
> email Erik and ask for it, but I suspect that the .config files for BusyBox
> and buildroot are the only additional CCS that isn't already upstreamed. :)
> But, I nevertheless don't think Erik's is the software in question that
> started this discussion.
>
>    -- bkuhn
>
> [0] Off topic, but last year I served jury duty on a USA federal grand
> jury.
>     After the experience, I am very disturbed that USA's grand jury process
>     does not function justly.  I worked really hard to fix that, but there
> is
>     very little one juror can do, especially on grand juries which are
>     majority vote rather than unanimous. :( ... But, this footnote is
> clearly
>     off-topic for this list... other than to say we probably can't find
>     the cause of problems in the USA justice system via a GPL violation. :)
>
>

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