GPL question, can open source code can be used to prop. platform?

Jem Berkes <jb@users.pc9.org> writes:

]> Can opensource code (RH/Debian/SUSE) modified for inhouse firewall
]> platform and can be sold in for commercial use?. Is this GPL coers
]> this?. Or Is there any royalty or licensing fee has to pay per unit?.
]> What if some modifications does for some of the code?. Thanks.

]You can sell the software/firmware to your customers for $1 million
]dollars, but once it's provided in binary or compiled form to the customers
]you must also provide them with source code should they ask for it. You can
]not provide the binary without offering the source.

]And once they have the source code, there is nothing that prevents them
]from modifying it or redistributing it.

Well, their is your copyright which prevents this, but under the GPL you
must also distribute your code under the GPL.

>>> There is no requirement for you to make the source code available to
>>> anyone but your customers. (or rather, the folks who you make the
>>> binaries available to) You just can't prohibit them from redistributing
>>> it :)
>>>
>>> <snip>
>>>
>>
>> GPL v2 Clause 3 states (in part):
>>
>> 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:
>>
>> ...
>>
>> * 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,
>>
>> - From the phrase "any third party" in clause 3b, it seems to me that the GPL
>> does indeed require that you make the source code available to someone other
>> than your direct customers. This seems explicitly to cover the condition where
>> your customer redistributes your GPLed code.

IANAL. I understand clause 3b to be a warranty (binding penalty for
non-compliance). I understand clause 3b allows customers to impose a
liability on the supplier by the customers' redistribution. Clause
3c prevents someone from imposing this liability for commercial profit.

Consequently, I am unaware of any commercial entity that has not
complied with clause 3a by supplying a readable source code copy with
the Program. Commercial distribution with which I've been personally
involved, took pains to make certain to supply a copy of the source,
rather than risk exposure.



I've purchased several products (e.g. Linksys firewall) that included
a CD copy of the source. Even when I didn't know in advance, that
GPL'd code was involved, I've been pleased with all such products.
Until the marketeers start including source code CDs unrelated to
the product, I now look for such as an indicator of better quality.

Hopefully helpful,
--
Dr. Robert J. Meier

Michael Heiming <michael+USENET@www.heiming.de> writes:

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]In comp.os.linux.networking Santa <santa19992000@yahoo.com> suggested:
]> Can opensource code (RH/Debian/SUSE) modified for inhouse firewall
]> platform and can be sold in for commercial use?. Is this GPL coers
]> this?. Or Is there any royalty or licensing fee has to pay per unit?.
]> What if some modifications does for some of the code?. Thanks.

]In-house you can do what you like with the code. If you want to
]sell it, even if it's in some kind of "black-box", you have to make
]the source available on request. Or you just broke the GPL.

You MUST also release it to them under the GPL so that they can copy and
distribute it if they so desire. YOu cannot remove from them the rights you
obtained via the GPL.

If the code is LGPL however, then you can release your stuff as proprietary
code, but must make the LGPL library available as source code.

Sun, 25 Jul 2004 00:25:52 -0400 tarihinde, Lew Pitcher dedi ki:

> - From the phrase "any third party" in clause 3b, it seems to me that the GPL
> does indeed require that you make the source code available to someone other
> than your direct customers. This seems explicitly to cover the condition where
> your customer redistributes your GPLed code.

The GPL-FAQ also confirms this.
http://www.gnu.org/licenses/gpl-faq....ttenOfferValid

--
Abdullah | aramazan@ |
Ramazanoglu | myrealbox |
________________| D-O-T_cöm |

Well, if I burned binary into firewall box (into flash), if I sell
that box, do I have to provide the source to the customer?. These
boxes if I sell in every electronic shop, how can I provide source
code?.

On Tue, 27 Jul 2004 12:01:46 -0700, Santa wrote:

> Well, if I burned binary into firewall box (into flash), if I sell
> that box, do I have to provide the source to the customer?. These
> boxes if I sell in every electronic shop, how can I provide source
> code?.

You must provide the source code but it doesn't have to be in the box.
Putting the source code on your website is sufficient.

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Santa wrote:

> Well, if I burned binary into firewall box (into flash), if I sell
> that box, do I have to provide the source to the customer?. These
> boxes if I sell in every electronic shop, how can I provide source
> code?.


You must "make the source code available". It is not necessary to supply
the source code along with the box, but the customer (and anyone else
who the customer gives the GPL'ed binary to) must be able to get the
source code from you.

The typical way of providing the source code seems to be to provide a
"download" link on your corporate internet site, and document that in
the equipment's documentation.

FWIW, a German company (Sitecom Deutschland GmbH) just lost a court case
regarding their failure to provide source code access to GPL'ed code
they delivered in their hardware product (IIRC, a router with built-in
firewall, based on the Linux iptables/netfilter GPL'ed code). You might
want to take a look at the Groklaw notes on the case; they include an
english translation of the German court ruling:
http://www.groklaw.net/article.php?s...40725150736471


- --

Lew Pitcher, IT Consultant, Enterprise Application Architecture
Enterprise Technology Solutions, TD Bank Financial Group

(Opinions expressed here are my own, not my employer's)
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General Schvantzkoph wrote:

> On Tue, 27 Jul 2004 12:01:46 -0700, Santa wrote:
>
>
>>Well, if I burned binary into firewall box (into flash), if I sell
>>that box, do I have to provide the source to the customer?. These
>>boxes if I sell in every electronic shop, how can I provide source
>>code?.
>
> You must provide the source code but it doesn't have to be in the box.
> Putting the source code on your website is sufficient.

Or even a link to the actual source. For example, Sony Entertainment's game
PlanetSide uses the precompiled DLL version of my LGPL library HawkVoiceDI. In
their credits page they acknowledge using my LGPL library and provide a link to
my web site.

--
Phil Frisbie, Jr.
Hawk Software
http://www.hawksoft.com

santa19992000@yahoo.com (Santa) writes:

]Well, if I burned binary into firewall box (into flash), if I sell
]that box, do I have to provide the source to the customer?. These

Yes.

]boxes if I sell in every electronic shop, how can I provide source
]code?.

On a CDRom which you supply with the box. On a web page whose location you include
in the instructions for the box.

huge@ukmisc.org.uk (Huge) writes:

]General Schvantzkoph <schvantzkoph@yahoo.com> writes:
]>On Tue, 27 Jul 2004 12:01:46 -0700, Santa wrote:
]>
]>> Well, if I burned binary into firewall box (into flash), if I sell
]>> that box, do I have to provide the source to the customer?. These
]>> boxes if I sell in every electronic shop, how can I provide source
]>> code?.
]>
]>You must provide the source code but it doesn't have to be in the box.
]>Putting the source code on your website is sufficient.
]>

]Except that the FSF think it isn't.

Where do they state this thought? What do they think is sufficient? Anyway,
it is by now up to the courts, if anyone wants to take the case to court.
Their thoughts are irrelevant except as encoded in the GPL.