Has anyone looked into the product by www.hype ric.com before?

Paul L. Allen pla at softflare.com
Thu May 27 11:48:04 CEST 2004


Andreas Ericsson writes: 

>> Not only that, ANYONE can request a copy of the source
>> whether they have purchased the program or not.
> 
> Request: Yes.
> Receive: Not necessarily.

The GPL is quite clear that the source be available upon request. If you
request but do not receive then the company has broken the terms of the
GPL and is therefore in breach of contract and can be sued. The right
for the company to use even the unmodified code for any purpose is also
void and the company may be sued simply for using the code at all.  A
company might be stupid enough to try to withhold the source but would be
unlikely to continue along that path when faced with legal action by GNU.
GNU would act in such a case and has done so in the past. 

If any company had misbehaved in such a way, been taken to court and won
then we'd all know about it because the GPL would be dead.  If any company
had misbehaved in such a manner and GNU ignored the issue the GPL would
also be dead because a copyright holder who is informed of breach of
copyright but takes no action effectively relinquishes the copyright. 

So receive?  Yes, eventually.  Maybe after a delay while GNU has their
lawyers send threatening letters. 

-- 
Paul Allen
Softflare Support 




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