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Message-ID:	<23bcb8700410250635474d6254@mail.gmail.com>
Date:	Mon, 25 Oct 2004 09:35:00 -0400
From:	Doctor Bill <docbill AT gmail DOT com>
Reply-To:	Doctor Bill <docbill AT gmail DOT com>
To:	cygwin AT cygwin DOT com
Subject:	Re: http://rateless.com/ GPL violation?
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You misunderstand the GPL.  The GPL does not grant you a right to the
source code, it creates a responsibility for them to give your the
source code.

I know it sounds like the same thing, but it isn't.  If you had a
legal right to the source code, you could then sue them for a copy. 
But since instead they have a responsibility, only the copyright
holder has the right to sue them to force them to carry out their
responsibility.  i.e. RedHat.  But RedHat already offers alternative
licensing for those willing to pay for it.  So if I were a RedHat
lawyer, I would probably sue for the license fee and punitive damages
rather than distribution of the source code as it would be a much
easier case to win and to settle out of court.

So chances are you will never see the source code unless rateless.com
decides to release it.

Bill


On Fri, 22 Oct 2004 18:24:33 +0100, Dave Korn <dk AT artimi DOT com> wrote:
>   They can remove it from their website if they like, but it's too late.  As long
> as I am in posession of a binary of a GPL'd program, I have a non-negotiable right
> to a copy of the very same sources from which the binary I have was compiled.
> There are no if's or but's.
> 
>   Of course, I Am Not A Lawyer, So Everything I Have Said Can Be Safely Ignored.

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