Has anyone looked into the product by www.hype ric.com before?

Andreas Ericsson ae at op5.se
Thu May 27 15:01:40 CEST 2004


Paul L. Allen wrote:
> Andreas Ericsson writes:
> 
>>> Not only that, ANYONE can request a copy of the source
>>> whether they have purchased the program or not.
>>
>>
>> Request: Yes.
>> Receive: Not necessarily.
> 
> 
> The GPL is quite clear that the source be available upon request.

No. It quite clearly states that noone can be forced to do anything they 
don't want to with regards to the source. What part of the below FAQ 
entry is it that you don't understand?
--[ snip ]----
* If I distribute GPL'd software for a fee, am I required to also make 
it available to the public without a charge?
     No. However, if someone pays your fee and gets a copy, the GPL 
gives them the freedom to release it to the public, with or without a 
fee. For example, someone could pay your fee, and then put her copy on a 
web site for the general public.
--[ snip ]----

> If you
> request but do not receive then the company has broken the terms of the
> GPL and is therefore in breach of contract and can be sued.

No. Read the above FAQ entry twice. Then once more, for good measure.

> The right
> for the company to use even the unmodified code for any purpose is also
> void and the company may be sued simply for using the code at all.  A
> company might be stupid enough to try to withhold the source but would be
> unlikely to continue along that path when faced with legal action by GNU.

GNU is an operating system (Linux is the kernel, which is a quite 
separate thing).

> GNU would act in such a case and has done so in the past.

No. The Free Software Foundation would act. GNU only acts when the 
programs that are part of it are run.

> If any company had misbehaved in such a way, been taken to court and won
> then we'd all know about it because the GPL would be dead.  If any company
> had misbehaved in such a manner and GNU ignored the issue the GPL would
> also be dead because a copyright holder who is informed of breach of
> copyright but takes no action effectively relinquishes the copyright.

No. He/she still retains copyright and can take actions for as long as 
the laws in the country where the violations took place states that he can.

> So receive?  Yes, eventually.  Maybe after a delay while GNU has their
> lawyers send threatening letters.

GNU has no lawyers. The Free Software Foundation does.
Read the FAQ entry above once more. Then move on to http://www.gnu.org 
and learn just what GNU and the GPL really is. Then you should read the 
FAQ entry again and contemplate what it really means for a while.

Maybe you should stop being stubborn when it's obvious that you're wrong?

-- 
Sourcerer / Andreas Ericsson
OP5 AB
+46 (0)733 709032
andreas.ericsson at op5.se


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