Re: Question on GPL compliance

[Michael Poole <mdpoole@troilus.org>]

Daniel Carrera writes:

> Hi all,
> 
> I'm looking for ways to comply with the GPL without the 3-year
> requirement (I don't know where I'll be in 3 years).
> 
> Suppose I have an online store that sells CDs of GPL software. People
> buy the CD and we ship it to them. One obvious way to comply with the
> GPL is to always send a second CD with the sources.
> 
> Now, here's another idea. Suppose that when the user clicks "buy" they
> get a message: "would you like the sources CD? (extra $2)". If they
> click yes we package it too. If they click no we don't, and never
> again have to worry about the sources because we did give them a
> chance. And because the offer was for a CD, it is an "equivalent
> medium".
> 
> In your non-lawyer opinion, is this an appropriate use of the GPL?

Section 3 of the GPL does not seem to permit that:

    If distribution of executable or object code is made by offering
    access to copy from a designated place, then offering equivalent
    access to copy the source code from the same place counts as
    distribution of the source code, even though third parties are not
    compelled to copy the source along with the object code.

Shipping a CD is not offering access to copy from a designated place,
so an equivalent offer is not relevant.

Michael Poole