Bruce Perens wrote:

> it may be that most uses of GPL defeat the various first-sale and exhaustion 
> doctrines because there is not in general a sale by the copyright holder, 
> only by subsequent conveyors of embedded versions of the software who do not 
> hold copyright rights. 
> Conveyance is only through the license, without any direct monetary 
> compensation.

One might argue resale of a device with embedded GPL software is propagation in 
GPLv3 terms, and not conveyance.
Propagation does not require a license and does not trigger obligations to 
provide source code.
If this is the indeed the case, then the obligation to provide source rests 
with the last entity in
the distribution chain to perform a conveyance (which might be as far back as 
when the OEM
sold the nav system to the car manufacturer).

Cars are an interesting problem in GPL compliance because of their long service 
lifetimes (12-13 years on average in the US and
growing longer), an active resale market, and the obligation of the 
manufacturer to perform recalls for
safety-critical flaws.  And just for fun, let's also mention that in the US 
cars are frequently leased
rather than sold.  If the owner of the car (as opposed to the driver) is Audi 
Finance Corp. of America,
to whom is the GPL source for these Novero units actually owed?

Interesting questions, and a discussion very much worth having with the 
community.

cheers

Andy Wilson
Intel open source technology center

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