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Date: Mon, 28 Jul 2003 17:38:55 -0400
From: Christopher Faylor <cgf AT redhat DOT com>
To: cygwin AT cygwin DOT com
Cc: Jonathan Clark <jclark AT jitit DOT com>
Subject: Re: Source code for binaries offered at http://thinstall.com/ ?
Message-ID: <20030728213855.GB9548@redhat.com>
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Mail-Followup-To: cygwin AT cygwin DOT com,
	Jonathan Clark <jclark AT jitit DOT com>
References: <20030728134533 DOT GA32342 AT redhat DOT com> <JCEDIBGPAGLPCDKIIDAFEENIGKAA DOT jclark AT jitit DOT com>
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On Mon, Jul 28, 2003 at 02:10:44PM -0700, Jonathan Clark wrote:
>Thanks for bringing this to my attention.  I have added links to the
>web page showing where to download the binaries and source code, and I
>will add a message line to the .bashrc file so it states likewise.  The
>archive in question uses unmodified cygwin EXEs and DLLs, so I'm
>assuming that linking to your website will be sufficient?
>
>I do not mind hosting the source as well, but I'd prefer to send users
>to the "real source" so they can investigate many of the other programs
>provided by cygwin that are not in my package.

Are you saying that you will be referring people back to the cygwin web
site?  That's why I specifically added the link to the FSF FAQ which
deals with this issue.  You really do have to provide the source code
for the binaries that you provide since we am not going to be making
sure that the source code is available for the binaries that you
produce.

>The GPL licenses appears to allow this, stating: when redistributing
>binaries, it is permissible to :
>
>>c) Accompany it with the information you received as to the offer to
>>distribute corresponding source code.  (This alternative is allowed
>>only for noncommercial distribution and only if you received the
>>program in object code or executable form with such an offer, in accord
>>with Subsection b above.)

I'm not entirely sure why you think this section applies.  We didn't
provide you with a written offer, so section c doesn't apply to cygwin
or any of the packages in the cygwin distribution.  You are also
offering, arguably, a commercial distribution, AFAICT.  So, that
invalidates section c entirely anyway.

Over the years, we have relied on the advice of many FSF veterans (like
DJ Delorie and even RMS himself from time to time) on GPL issues and
there really is no wriggle room here.  The intent of the GPL is that you
should be offering source code, especially if you are providing a
commercial release.  Just adding links to our web site is not
sufficient.  We certainly appreciate the publicity but a link doesn't
satisfy the intent of the GPL.

cgf
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