On Sat, 2003-01-04 at 01:05, [EMAIL PROTECTED] wrote:
> 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?

Sorry, I wasn't clear enough.  "The question remains" would have been
the correct statement, since whether RH made the source available was
already agreed upon (they do).  My apologies for your ensuing confusion.

> 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).

When you download GPL'd software from a website, where is the "written
offer?"  Try looking in /usr/share/doc and then get back to me.  AFAICT,
every package installed by RH includes a pointer to the source.  Not
necessarily from RH, but available nonetheless.  Further, RH does make
the sources available on their website.  So what you are wanting is a
big bumper sticker for the google-impaired to be able to find sources?

> 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.

Er, the website isn't a written offer.  It's the distribution point.  
The GPL requires them to make the source *available*, not provide it
*with* the binaries.  You seem to be making a big deal over whether the
offer is made on paper or electronically.  That doesn't make a lot of
sense to me.

> 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.

And if you think this is truly worth pursuing, please feel free to do
so.  I certainly don't and I doubt many others (including the people who
actually wrote the software and are hence the injured parties) do
either.

> 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.

And a README file doesn't count?  Hm.  Next time I download a Mozilla
binary I'll demand that they fax me something so I can be sure a tree is
killed to satisfy the lawyers and trolls.

> 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?

And it's back to decaffeinated for you <wink>.

-- 
Cliff Wells, Software Engineer
Logiplex Corporation (www.logiplex.net)
(503) 978-6726 x308  (800) 735-0555 x308

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