[wellylug] Linux as selling point.

[David Murray]

On Thu, 2005-08-11 at 08:44, Bret Comstock Waldow wrote:
> 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.

What if the medium it was stored in is ROM?



> <snip>
> 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.


Surely if you were *that* determined to look at that software, then you
would go to the website of said software author(s), and download it
directly and easily from there.

I understand what you're saying about distributing software. I'm just
saying that I think there is a difference between a manufacturer using
software as an essential component in its gadget, and a person providing
software to other people to use as they see fit - especially if the
distributed software is easily readable, such as on a CD.


Regards,

David Murray

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