On 3 Jan 2003, Cliff Wells wrote:

> So the question is whether providing source on their website (and
> numerous mirrors) constitutes "medium customarily used for software
> interchange".  I'll agree that that's a question for the lawyers, and
> I'll assume Redhat has already hired some who assure them that it is.

No, that is not the question.  I believe you just followed the "straw man 
arguement" where you present something different as someone else's issue 
and then provide an arguement to the "straw man" which was substituded for 
the real issue.  Out of curiousity, is there a R, D, elephant logo or 
donky logo commonly appears by your name when it's in print?

Getting back to "the question"--during March 2002 to October 2002 where
was a written offer of source code availablity for the GPL packages
provided in binary only form with the Dell PowerEdge Web Server Software
version 3.x Powered by Red Hat Linux (which contains packages that Red Hat
acknowledges that Red Hat, not Dell, are the distributor of due to the 
contract terms between the two companies).

Red Hat gave an inapprobate answer that they provide the source code on
the website (which you seem interested in focusing on for some reason as
if you consider it to be a legit responce).  They failed to explain how
the website can be considered a written offer provided at the time of
distribution of the GPL binary packages.

Regardless of if the web has become a common media for distribution of 
computer code, it has not become a written offer provided at the time of 
distribution of CD-ROM media.

There is nothing in the GPL that treats providing source code on a website
as an exception to providing a written offer at the time of distribution
of GPL covered packages on CD-ROM media provided only in binary format.
The distributor must provide the written notice in addition to providing
the source code.

Anotherwords, if your driving drunk, you can feel free to argue that you
where driving under the speed limit, but that still does not explain how
driving drunk is acceptable.  So, if you want to debate if the speed limit
was being followed then feel free to do so but that is a different issue.  
But for purposes of this thread lets get back to if leaving out both the
source code and written notice for over 50% of 2002 is acceptable behavior
from a self-proclaimed friend to Free Software and "Open Source."  Is it
meeting the intended marketing pitch to promote your company with an "Open
Source Security Summit" knowing that your company still has failed to
keep it's promise to "promptly" address the GPL requirements?



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