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Re: What is source ?


From: David Kastrup
Subject: Re: What is source ?
Date: Sat, 12 Aug 2006 11:50:52 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

"Vincent Rivière" <vincent.riviere@free.fr> writes:

>>> The GPL states that if I distribute my projet under GPL, I must
>>> distribute the sources, too.
>>
>> The GPL states no such thing.  If you distribute GPLed code from
>> somebody else, you have to heed the conditions of the GPL for the
>> complete product.  But if you are the sole copyright holder, the GPL's
>> obligations are for redistributors, not yourself.
>
> Found on http://gpl-violations.org/faq/sourcecode-faq.html :
>
> The GNU GPL demands that as soon as you distribute GPL licensed
> software in executable format you make available the "complete
> corresponding source code".

"GPL licensed software" means software licensed _to_ you, not _by_
you.

The GPL also contains the passage:

                                NO WARRANTY

      11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
    WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
    LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
    HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT
    WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
    NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
    FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE
    QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
    PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
    SERVICING, REPAIR OR CORRECTION.

That means if the software is not fit for redistribution under the
GPL, you can't sue the copyright holder.

The only person with standing to sue anybody over non-compliance with
the GPL is the copyright holder himself.

There is a remote possibility that competitors might sue for
misleading advertising, but that is not really something to bank on.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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