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List:       kde-policies
Subject:    Re: violation of GPL for solaris binaries
From:       Scott Wheeler <wheeler () kde ! org>
Date:       2003-11-02 16:59:48
[Download RAW message or body]

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Just grabbing bits and pieces from the ftp archives:

=== README ===
This binary distribution contains a binary release KDE 3.1.3 ported
to, and built for, Solaris 8 SPARC 32-bit with the Sun Forte 7 C/C++
compiler. The specification of the build environment is:
=== COPYRIGHT ===
Copyright (c) 2003 by Stefan Teleman under the terms of the
GNU General Public License. This software is in the public domain.
===

If Stefan was the sole author of this "work" then he is correct, he would not 
need to provide the associated sources.  However, in this case his "work" is 
producing binary packages of GPL'ed software with other persons copyrights 
for which the GPL says:

===
  3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable
    source code, which must be distributed under the terms of Sections
    1 and 2 above on a medium customarily used for software interchange; or,

    b) Accompany it with a written offer, valid for at least three
    years, to give any third party, for a charge no more than your
    cost of physically performing source distribution, a complete
    machine-readable copy of the corresponding source code, to be
    distributed under the terms of Sections 1 and 2 above on a medium
    customarily used for software interchange; or,

    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.)
===

It seems that none of a, b, or c have been fullfilled.

I would suggest that we give Stefan a chance to respond.  If the story is more 
or less correct as reported and if he's not willing to release the patches 
then we should first remove the packages from KDE's ftp site and then any 
other actions can be considered that are thought to be appropriate.

But again, I suspect there's "another side" to this story.  :-)

- -Scott

> Am Samstag, 1. November 2003 08:24 schrieb Philip Brown:
> > I have noticed that you redistribute binaries of kde 3.1.3 for solaris, at
> >
> > ftp://ftp.kde.org/pub/kde/stable/3.1.3/contrib/Solaris
> >
> > The binaries claim to be compiled with sun forte, which seems to be true.
> > However, kde 3.1.3 does not normally compile with sun forte. Therefore,
> > some additional modification to the source code had to have been required
> > to generate the binaries.
> >
> > I have emailed the contributor,
> > Stefan Teleman
> > steleman@nyc.rr.com
> >
> > asking him that he make the patches available to me.
> > He does not deny that that are patches neccessary. However, he claims that
> > the GPL puts him under no obligation to provide me with the patches.
> >
> > I have attempted to point out to him that this is not true. However, he 
has
> > threatened me with legal action if I contact him again.
> >
> > This leaves me only with the binaries that you are redistributing on his
> > behalf.  According to the GPL, I believe you need to now do one of the
> > following:
> >
> > a) assert under that directory that no further patches are needed to
> >    the standard KDE 3.1.3 distribution, to compile with sun forte.
> >    [which I belive is not true]
> >
> > b) provide the patches required in that area
> >    [the single file in the "PATCHES" directory does NOT cover this]
> >
> > c) Have some reference in that directory to point the user to a place
> >    where the required patches may be acquired
> >
> > d) remove the binaries from your site, and associated mirror sites,
> >    since without the patches, their distribution violates the GPL.
> 
> 
> 

- -- 
It may be true that you can't fool all the people all the time, but you can 
fool enough of them to rule a large country. 
- --Will Durant
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