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Re: Bug#221709: ITP: at76c503a-source -- at76c503a driver source



On Wed, 2003-11-26 at 00:27, Joachim Breitner wrote:
> Hi,
(...)
> > But if I just hand you a floppy disk with two files on it, program.exe 
> > and COPYING, and ask nothing in return, what contract could of been 
> > formed?
> Ok, your point seems valid here, especially in private business and in
> isolated products (yet another text editor). But in this case, we are
> talking about something I need to make the hardware run. And though I
> didn't pay for the firmware, I payed for the hardware (here is our
> contract) and thus need the firmware. And along with the firmware they
> hand out to me because I bought their hardware, they give me the promise
> (the GPL).
(...)

1. The GPL is not a promise to receive the source code. The GPL only
talks about such a promise.

2. The GPL does not cover what rights you have against the one giving
something to you. It is concerned only with the rights you have in
using/modifying/distributing to others.

If someone gives you a software binary under the GPL but refuses to hand
over the source code it makes his act of distribution a violation of
copyright law and the copyright holder can go after him. The fact that
he is in violation of copyright law does not give you any entitlements
unless you are the copyright holder.



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