[OT] some weird GPL licensing questions

[Waldo Bastian]

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On Mon February 9 2004 21:43, Alexander Neundorf wrote:
> Hi,
>
> I know this it OT here but here are competent people around :-)
> The last time I tried kde-licensing it seemed to be dead.

IANAL, consult one if you want legal advice suitable for your situation.

> So here we go:
> AFAIK the GPL mainly says that if you have the binary version of something
> you have the right to get the sources of this version.
>
> Does this also mean that I only have to give the sources to people who have
> the binary version ? Of course they are free to give the sources away as
> they want to, but that's another story. And does this also mean that I
> don't have to give the sources to somebody who doesn't have the binary and
> who I don't like (for whatever reason) ?
>
> Do I interpret this correctly ?

It depends upon which basis you distribute the binary. Effectively you can 
chose between clause 3a) and clause 3b) of the GPL. The relevant part of the 
GPL says this:

"3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable
    source code, which must be distributed under the terms of Sections
    1 and 2 above on a medium customarily used for software interchange; or,

    b) Accompany it with a written offer, valid for at least three
    years, to give any third party, for a charge no more than your
    cost of physically performing source distribution, a complete
    machine-readable copy of the corresponding source code, to be
    distributed under the terms of Sections 1 and 2 above on a medium
    customarily used for software interchange; or,

    c) Accompany it with the information you received as to the offer
    to distribute corresponding source code.  (This alternative is
    allowed only for noncommercial distribution and only if you
    received the program in object code or executable form with such
    an offer, in accord with Subsection b above.)"

I assume that clause 3c) is not applicable in your case. That leaves you with 
two options. The easiest is option 3a) If you put the source code together 
with the binary you are all settled.

If you offer the binary via download then the following GPL clarification is 
useful:
"If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code."

So if you give someone the possibility to download the source code when you 
offer that same someone the binary for download you have fulfilled all your 
obligations under clause 3 even though that someone may in fact chose to not 
download the source. Since you have fulfilled all your obligations, you do 
not have to make the source code available to anyone else. Also note that, 
after you have given the receiver of the binary a fair opportunity to 
download the source code and the receiver has voluntarily chosen not to do 
that, you have no further obligations to that person .

Alternatively you can chose option 3b) but then you must promise to give "any 
third party, for a charge no more than your cost of physically performing 
source distribution, a complete machine-readable copy of the corresponding 
source code" and be able to do so for at least 3 years. "Any third party" 
means everyone. Note that you must make this promise in writing and that it 
must accompany the binary.

In general binary distribution under option 3a) is easier because it doesn't 
create ongoing liability, while distribution under option 3b) means that you 
must remain ready to handle requests for the source code for up to three 
years.

Cheers,
Waldo
- -- 
bastian at kde.org -=|[ SUSE, The Linux Desktop Experts ]|=- bastian at suse.com
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