Changeset - dfcd7ef4aeae
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Martin Michlmayr (tbm) - 10 years ago 2014-04-24 23:12:21
tbm@cyrius.com
Consistent usage of "noncommercial"
1 file changed with 1 insertions and 1 deletions:
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compliance-guide.tex
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@@ -389,97 +389,97 @@ for years after the product's end-of-life.
 

	
 
Under GPLv2, it is acceptable and advisable for your offer for source code
 
to include an Internet link for downloadable source \emph{in addition} to
 
offering source on a physical medium.  This practice enables those with
 
fast network connections to get the source more quickly, and typically
 
decreases the number of physical media fulfillment requests.
 
(GPLv3~\S~6(b) permits provision of source with a public
 
network-accessible distribution only and no physical media.  We discuss
 
this in detail at the end of this section.)
 

	
 
The following is a suggested compliant offer for source under GPLv2 (and
 
is also acceptable for GPLv3) that you would include in your printed
 
materials accompanying each binary distribution:
 

	
 
\begin{quote}
 
The software included in this product contains copyrighted software that
 
is licensed under the GPL\@.  A copy of that license is included in this
 
document on page $X$\@.  You may obtain the complete Corresponding Source
 
code from us for a period of three years after our last shipment of this
 
product, which will be no earlier than 2011-08-01, by sending a money
 
order or check for \$5 to: \\
 
GPL Compliance Division \\
 
Our Company \\
 
Any Town, US 99999 \\
 
\\
 
Please write ``source for product $Y$'' in the memo line of your
 
payment.
 

	
 
You may also find a copy of the source at
 
\verb0http://www.example.com/sources/Y/0.
 

	
 
This offer is valid to anyone in receipt of this information.
 
\end{quote}
 

	
 
There are a few important details about this offer.  First, it requires a
 
copying fee.  GPLv2 permits ``a charge no more than your cost of
 
physically performing source distribution''.  This fee must be reasonable.
 
If your cost of copying and mailing a CD is more than around \$10, you
 
should perhaps find a cheaper CD stock and shipment method.  It is simply
 
not in your interest to try to overcharge the community.  Abuse of this
 
provision in order to make a for-profit enterprise of source code
 
provision will likely trigger enforcement action.
 

	
 
Second, note that the last line makes the offer valid to anyone who
 
requests the source.  This is because v2~\S~3(b) requires that offers be
 
``to give any third party'' a copy of the Corresponding Source.  GPLv3 has
 
a similar requirement, stating that an offer must be valid for ``anyone
 
who possesses the object code''.  These requirements indicated in
 
v2~\S~3(c) and v3~\S~6(c) are so that non-commercial redistributors may
 
v2~\S~3(c) and v3~\S~6(c) are so that noncommercial redistributors may
 
pass these offers along with their distributions.  Therefore, the offers
 
must be valid not only to your customers, but also to anyone who received
 
a copy of the binaries from them.  Many distributors overlook this
 
requirement and assume that they are only required to fulfill a request
 
from their direct customers.
 

	
 
The option to provide an offer for source rather than direct source
 
distribution is a special benefit to companies equipped to handle a
 
fulfillment process.  GPLv2~\S~3(c) and GPLv3~\S~6(c) avoid burdening
 
noncommercial, occasional redistributors with fulfillment request
 
obligations by allowing them to pass along the offer for source as they
 
received it.
 

	
 
Note that commercial redistributors cannot avail themselves of the option
 
(c) exception, and so while your offer for source must be good to anyone
 
who receives the offer (under v2) or the object code (under v3), it
 
\emph{cannot} extinguish the obligations of anyone who commercially
 
redistributes your product.  The license terms apply to anyone who
 
distributes GPL'd software, regardless of whether they are the original
 
distributor.  Take the example of Vendor $V$, who develops a software
 
platform from GPL'd sources for use in embedded devices.  Manufacturer $M$
 
contracts with $V$ to install the software as firmware in $M$'s device.
 
$V$ provides the software to $M$, along with a compliant offer for source.
 
In this situation, $M$ cannot simply pass $V$'s offer for source along to
 
its customers.  $M$ also distributes the GPL'd software commercially, so
 
$M$ too must comply with the GPL and provide source (or $M$'s \emph{own}
 
offer for source) to $M$'s customers.
 

	
 
This situation illustrates that the offer for source is often a poor
 
choice for products that your customers will likely redistribute.  If you
 
include the source itself with the products, then your distribution to
 
your customers is compliant, and their (unmodified) distribution to their
 
customers is likewise compliant, because both include source.  If you
 
include only an offer for source, your distribution is compliant but your
 
customer's distribution does not ``inherit'' that compliance, because they
 
have not made their own offer to accompany their distribution.
 

	
 
The terms related to the offer for source are quite different if you
 
distribute under GPLv3.  Under v3, you may make source available only over
 
a network server, as long as it is available to the general public and
 
remains active for three years from the last distribution of your product
 
or related spare part.  Accordingly, you may satisfy your fulfillment
 
obligations via Internet-only distribution.  This makes the ``offer for
 
source'' option less troublesome for v3-only distributions, easing
 
compliance for commercial redistributors.  However, before you switch to a
 
purely Internet-based fulfillment process, you must first confirm that you
 
can actually distribute \emph{all} of the software under GPLv3.  Some
 
programs are indeed licensed under ``GPLv2, \emph{or any later version}''
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