[OT] some weird GPL licensing questions

Andras Mantia amantia at kde.org
Tue Feb 10 09:11:47 GMT 2004


Kurt Pfeifle wrote:

> In my take of it this just means that you are complying with the
> requirements of the GPL if you put up source code alongside the
> related binaries. You can stop distributing both at any time.
> But if you put up binaries only, you must guarantee availability
> of source on request for a certain time (is it 3 years?) after
> you stopped distributing binaries...
> 

You wrote that in reply to "if you put the binaries to the web page, you
must put the sources also there", and in another mail you wrote:

> Of course, if you offer the binary versions for public,
> anonymous download, you need to offer the sources the same way.

Now I don't understand you. :-) I told exactly the same, but regarding to a
web page, not anonymous download. Let's say what the GPL FAQ
http://www.gnu.org/licenses/gpl-faq.htm) (says, and I trust them, as that
one was written to clarify the GPL and by those who created the GPL. Of
course the FAQ itself is not a legal document, but I believe the FSF
lawyers would act in the spirit of that.

First:
"I want to distribute binaries without accompanying sources. Can I provide
source code by FTP instead of by mail order?

 
You're supposed to provide the source code by mail-order on a physical
medium, if someone orders it. You are welcome to offer people a way to copy
the corresponding source code by FTP, in addition to the mail-order option,
but FTP access to the source is not sufficient to satisfy section 3 of the
GPL. "

So even if you offer the binaries and sources for download you must also
offer them (if they request) on a physical medium.

"Can I put the binaries on my Internet server and put the source on a
different Internet site?

 
The GPL says you must offer access to copy the source code "from the same
place"; that is, next to the binaries. However, if you make arrangements
with another site to keep the necessary source code available, and put a
link or cross-reference to the source code next to the binaries, we think
that qualifies as "from the same place". 

Note, however, that it is not enough to find some site that happens to have
the appropriate source code today, and tell people to look there. Tomorrow
that site may have deleted that source code, or simply replaced it with a
newer version of the same program. Then you would no longer be complying
with the GPL requirements. To make a reasonable effort to comply, you need
to make a positive arrangement with the other site, and thus ensure that
the source will be available there for as long as you keep the binaries
available. "


Note here also the "from the same place". 
Anyway, the most important I think is to let them know that they can get the
source and how exactly they can get it. 

Andras




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