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Re: legalities of distributing debian pre-installed iso images.



On Thu, Sep 04, 2003 at 02:57:09PM +0200, Sven Luther wrote:
> Is it enough to write on the CD pocket or something such instruction on
> getting the sources from any debian mirror, or something such, and
> say that the modified sources are on CD #2 or something such.

You either need to supply a written offer valid for three years, OR
provide the user with the opportunity to collect a complete and correct
corresponding source ISO at the time he receives the binary one.

The user can *decline* the offer of a source ISO, and your obligations
under the GPL will be met, as I understand them.

I would *not* provide instructions for using a Debian mirror unless the
stuff on the binary ISO really is unmodified.

I think it's safer to just produce a complete, comprehensive, and
correct source ISO image.  If your CD preparation technology makes that
difficult, I suggest correcting that flaw at once.

> What about distributing the iso of such a CD ? Would a COPYING file or
> something such which explains the above be ok ? Or do the source need to
> be included on the same ftp server ?

I'd make both source and binary ISOs available from the same location.
Again, as I understand it, it's the user's choice to decline at that
time, and your obligation to provide him or her with source is
immediately discharged one way or the other.

In many cases users will decline the offer of source, so it's not like
you need to burn one source ISO for every binary ISO.  Some small
ratio of source to binary, though I'm not sure how small, will suffice.

If you run out, alternative measures include having a working system
with a CD burner at the point of distribution (Debian did this at their
booth at LWCE-SF 2002) so that source ISOs could be produced on demand
if you run out.  Alternatively you can collect a nominal fee and the
person's name and address, and mail the source ISO to them later.

In my opinion the written three-year offer is really not worth the
trouble for private individuals or low-resource organizations.  It's not
worth the risk of giving people a cause of legal action if 2 years and
360 days later some guy crawls out of the woodwork and you can't even
clearly remember what he got from you.

My advice in summary: use good Debian CD creation technology to create
your binary AND source ISO images, burn maybe 1 source ISO for every 10
binary ISOs at only a modest increase to your costs, and rest easy
without any three-year obligations.

-- 
G. Branden Robinson                |    People are equally horrified at
Debian GNU/Linux                   |    hearing the Christian religion
branden@debian.org                 |    doubted, and at seeing it
http://people.debian.org/~branden/ |    practiced.         -- Samuel Butler

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