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Date:      Thu, 31 Jan 2002 05:07:49 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Erik Trulsson <ertr1013@student.uu.se>
Cc:        Peter Wemm <peter@wemm.org>, Garance A Drosihn <drosih@rpi.edu>, Alfred Perlstein <bright@mu.org>, Poul-Henning Kamp <phk@critter.freebsd.dk>, Jordan Hubbard <jkh@winston.freebsd.org>, Dallas De Atley <deatley@apple.com>, chat@FreeBSD.ORG
Subject:   Re: __P macro question
Message-ID:  <3C5941A5.22755B68@mindspring.com>
References:  <20020131025121.308C13A9A@overcee.wemm.org> <3C58BC92.44F5ED37@mindspring.com> <20020131091254.GA61188@student.uu.se>

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I moved this discussion to -chat for a reason.  Please
leave it there.


Erik Trulsson wrote:
> You seem to have misunderstood the GPL.

No, I haven't.

> Section 3 says that if you give somebody a GPL'd binary you must also
> do *one* of a) b) and c) where b) is an offer valid for at least 3
> years to supply the source on demand.
> 
> But you can just do a), which means supply the source together with the
> binary.  Then you have no further obligations.

To do (a) for an embedded system, you have to supply
seperate media with the source code.  Further, if you
have a network based update system (ala TiVO), then
you have to provide the updated code online as well,
or send a new CDROM in order to meet criteria (a).

A CDROM increases the BOM (Bill Of Materials), which in
turn increases the COGS (Cost Of Good Sold), and fails
to satisfy the GPL in the online update case, or in
the Just In Time manufacturing case, where the image
load on the equipment is practically the last thing you
do before shipping it (perhaps even doing the load with
the system already in the shipping container, via an
access panel in the container).

If you are providing the code online, rather than with
the product, then in order to meet the obligations that
were conferred by the license, you have to be able to
warrant the availability of the code for 3 years, or
you get into a breach of contract liability situation,
in which the product you sell becomes "illegal" to
distribute.

Because it is an embedded system, the "customarily used"
clause insists on seperate media, be it network or other.

-- Terry

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