[wellylug] Linux as selling point.

[David Murray]

On Tue, 2005-08-09 at 22:22, Bret Comstock Waldow wrote:
> On Tue, 09 Aug 2005 17:34, David Murray wrote:
> 
> > Yes - and are not those terms that you can use the source code in any
> > way you like - freely. But *if* you modify that source code then you
> > have to publish the source code to those changes.
> 
> Not publish, but make available to anyone that *requests* it, with some 
> accommodation for the cost of distributing it.

"The Collaborative International Dictionary of English v.0.48"
Publish Pub"lish, v. t. imp. & p. p. Published; p. pr. &
   vb. n. Publishing. F. publier, L. publicare, publicatum.
   See Public, and -ish.
   1. To make public; to make known to mankind, or to people in
      general; to divulge, as a private transaction; to
      promulgate or proclaim, as a law or an edict.
      1913 Webster

            Published was the bounty of her name. --Chaucer.
      1913 Webster

            The unwearied sun, from day to day,
            Does his Creator's power display,
            And publishes to every land
            The work of an almighty hand.         --Addison.
      1913 Webster

   2. To make known by posting, or by reading in a church; as,
      to publish banns of marriage.
      1913 Webster

   3. To send forth, as a book, newspaper, musical piece, or
      other printed work, either for sale or for general
      distribution; to print, and issue from the press.
      1913 Webster

   4. To utter, or put into circulation; as, to publish
      counterfeit paper. U.S.
      1913 Webster

   To publish a will (Law), to acknowledge it before the
      witnesses as the testator's last will and testament.
      1913 Webster

   Syn: To announce; proclaim; advertise; declare; promulgate;
        disclose; divulge; reveal. See Announce.
        1913 Webster


Thus, "publish" = "make available".


> > But if you do NOT modify the source code, then you are FREE to do what
> > you like with it - and if that means embedding binaries made from that
> > source code within a gadget then so beit
> 
> This is my understanding.  I might be right about that.  8-)
> 
> 
> > - especially if those binaries 
> > are un-extractable without breaking said gadget,
> 
> I don't understand any such issue to have any relevance.  I haven't read any 
> basis for this exception.  In the absence of a quote from the GPL people, I 
> don't see that this is pertinent.
> 
> 
> > and provided that the 
> > source code is un-modified from the original.
> 
> > I could be wrong, however, and if there is a clause in the GPL which
> > prohibits the usage of binaries produced from unmodified source code by
> > hardware manufacturers, then please feel free to quote it.
> 
> Public distribution outside the organization, not usage, is what is pertinent:


Yes - and in this instance the manufacturer of the gadget is USING the
software to operate the gadget. The manufacturer is not distributing
software for people to obtain and to use for their own ends.

I think that that embedding unmodified GNU/Linux software into gadgets
and selling those gadgets does not constitute a distribution of
GNU/Linux.

I think that one has to ask what is the intent - is the manufacturer
setting forth to distribute software for people to install and to use,
or is the manufacturer's intent to make their gadget work by means of
the embedded software?


> <snip>
> If I distribute Free Software, I must respond to requests for the source code 
> of the Free Software.

Yes - but the question is... who is using the software? Surely the
manufacturer is using the software to make its gadget work. The
purchaser of the gadget cannot choose to install or to uninstall any of
the embedded software.

I suppose it all boils down to how you look at it.


Regards,

David Murray

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