[wellylug] Linux as selling point.

[Bret Comstock Waldow]

On Thu, 11 Aug 2005 06:27, David Murray wrote:

> But if the binaries are embedded within an electronic device and are not
> easily available to copy for use by the purchaser of the electronic
> gadget, then how does that constitute distributing software?
>
> The manufacturer sold a piece of hardware.

The license speaks to the right to make a copy, and the bit about providing 
the source or not speaks to whether such copies are distributed outside the 
organization in question.

The act of distributing a CD with the quiescent code on it activates the 
requirement - even if no one ever attempts to copy the binaries off the CD - 
it is the act of putting a copy of the binaries in the hands of somemone 
outside of the organization, in their control, that qualifies as 
distribution.

Keep in mind that the courts have already ruled that running a program 
involves copying it off the medium it's stored on (CD or HD) into RAM to 
execute - copyright is involved in running a program, as a copy is made as a 
pre-requisite to execution every time.

I need special equipment to read the code off a CD.  Similarly, I would use 
special equipment to access the code embedded in this device.  Although such 
equipment may not be common in households, there is no fundamental 
difference.

If someone gives me a CD, I have to buy a computer to read from that CD.  It's 
not unknown for a new game to trigger the purchase of an entire new gaming 
machine to allow playing the game.

If someone sells me a gizmo, I will have to buy an eprom reader to read from 
that gizmo's embedded controller.   But read I can, and the courts won't see 
any significant distinction.  Price is about the same in both cases... i.e. 
within my grasp.

I can get the code if I want it off the device, and it's in my control, not 
the manufacturer's, because they distributed a copy of the code to me, 
embedded in the device, just as the example distributes a copy of the code to 
me, embedded in a CD.

Since the manufacturer no longer controls access to the code (as they have 
sold me the device, and thus relinquished claims to it) the manufacturer is 
responsible for putting a copy of the code in my control.  I am free to 
assemble my tech team and extract the code - even if it's not a 
cost-efficient way to distribute code like a CD, it's still in my control.


Cheers,
Bret
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 189 bytes
Desc: not available
Url : http://lists.wellylug.org.nz/pipermail/wellylug/attachments/20050811/96ac7dd5/attachment.pgp