GPL vs. NDA dilemma - Page 2

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Re: GPL vs. NDA dilemma
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So IMHO the real problem is whether selling "products" (embedded
devices) that internally use software (i.e. binaries hidden somewhere in
the device and not extractable with normal means) can be seen as
_distributing_binaries_.

Diabolic question: if I send a binary to a customer in a sealed
envelope, do I distribute it to the _postman_ wo carries the envelope ?

Re: GPL vs. NDA dilemma
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Very much so. Anyone who uses the board is using the GPL'd code (or
has the potential to). A postman merely transports the media - he
doesn't use the code.

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If they didn't they would be breaking contract law, and could have
damages against them by the copyright holders as well as being forced
to recall all their products, advertise to their customers, open up
all their source code, etc.etc. You could also be criminally prosecuted
under any anti-piracy laws in your country: breaking the EULA of a
shrink-wrapped proprietary product is no different than breaking that of
a GPL'd product IMHO.

The GPL is quite clear... if you distribute a binary based on the code
you *must* accompany with it the source code, or an offer to receive
the source code (or alternatively the offer you received to get the
source code, assuming you didn't make any modifications). So the
recipients *must* be informed.

Jifl
--
--[ "You can complain because roses have thorns, or you ]--
--[  can rejoice because thorns have roses." -Lincoln   ]-- Opinions==mine

Re: GPL vs. NDA dilemma
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You mean like TiVo?

--
Barry Margolin, snipped-for-privacy@level3.com
Level(3), Woburn, MA
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Re: GPL vs. NDA dilemma

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Personally, I'd better refrain from commentaries,
I meant nothing.


Very many thanks to Jonathan Larmour, who made it clear
that GPL has to be observed (though he's able to scare anybody
to death by means of "..._criminally prosecuted_ " and the like.) :)



Re: GPL vs. NDA dilemma
I once asked this during a discussion on GPL.

The result was quite clear: GPL requests that you offer to deliver the
unrestricted source code with the binaries. Responsible for the
procedure is the one who delivers the binaries.

You _do_ deliver the source code to _your_ contractor.

If _he_ refuses to deliver your source code to the clients _he_ delivers
binaries made from your source code to, or tries to restrict them from
redistributing it, _he_ is violating the GPL.

-Michael

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