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From: Paul Sladen (vserver_at_paul.sladen.org)
Date: Sat 19 Oct 2002 - 03:31:46 BST


On Sat, 19 Oct 2002, Ralf Dreibrodt wrote:

> they say they distribute the kernel-patch, but they refuse to send it to me,
> i can only get precompiled kernels.

If you have a copy of the binary kernel in your hand; and it is a Linux
kernel (distributed *to them* under the terms of the GPL). Then they are
obliged to provide you with the full machine-readable source code.

Of course, if you don't have, or haven't received a binary kernel from them,
then it is a different matter and you may wish to *double-check* whether you
believe they are doing anything wrong! :-)

The point is that if--for instance--you have brought the $3,000 product (or
$0 trial product) and they have supplied you their binary [GPL'ed Linux]
kernel without ``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''.

If they are being unhelpful in this respect you may wish to contact the Free
Software Foundation (although since they are not a primary copyright-holder
on the /kernel/ they may not be the based placed people to take action).

Either way, I'm sure Eben Moglen would love to talk to them; he's always
looking for test-cases...

        -Paul

-- 
Nottingham, GB


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