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Re: [LUG] Which licence applies?

 

On Tuesday 26 April 2005 10:38 pm, Robin Cornelius wrote:
Here's a question

Some hardware suppliers have been supplying a binary only kernel module
that is built with the GPL flag enabled, ie modinfo shows licence GPL.

Not LGPL? Isn't a module more of a library?

Therefor one assumes the module is gpl, yes?.

Yes. They must provide the source code on request.

They have distributed the software and declared that the GPL is in effect for 
the software that they have packaged, therefore they are bound by the GPL.

Ok so no source code is 
available, lots of people complain and get basically no response from
company.Very recently *source* code for thus module *turns up* in linspires
apt pool BUT the source code headers don't show GPL however it is clear
(and known but not provable, unless i can generate the same md5 sum for the
binary how can i prove it)

Only the author can prove this.

that this was the code used to build afore 
mentioned module and in the code it is set to enable the GPL flag on the
binary!

I suppose an md5sum (or sha1sum) might be adequate but it could be hard to get 
a match. Even after stripping the debugging symbols, there's no guarantee 
you're using the same optimisations or other gcc options.

Is this GPL or not, or is it just a mess

It is a mess.

So many companies just don't understand the GPL, free software or open source.

that the company have left them 
selves open to *legal problems* and I would be well advised to keep out of
the middle until it comes down one side or the other?

I would recommend caution - there are grounds here for dispute because the 
source code, as released, is only under copyright. You need to be able to tie 
the code to the binary. Your best way of doing that is the author.

It's difficult because under the GPL, they have an obligation to declare that 
the GPL is in operation.

-- 

Neil Williams
=============
http://www.dcglug.org.uk/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

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