Re: [Cdrdao-devel] Regarding GPL compliance

[Free S. F. <lic...@gn...>]

[Please forgive our delay, but lic...@gn... and gn...@gn... are
highly backlogged.]

On Fri, May 03, 2002 at 09:07:20PM +0300, Jonas Munsin wrote:
> Hello,
>
> I am CC:ing this to gn...@gn..., maybe someone there has time to clarify if a
> README file constitutes "a written offer" (see my third pharagraph bellow).
>
> On Thu, May 02, 2002 at 04:32:46PM +0100, morrison wrote:
> > My program just builds a command line and executes the compiled cdrdao
> > binary .  The binaries are to be distributed with my program so I guess I
> > just have to supply the user with the means to get the source by way of
> > posting them on my site or linking to the cdrdao soundforge site.
>
> Linking to the cdrdao sourceforge site isn't enough, I think. If you provide
> the binaries, you have to accompany the source or a written offer on how to
> obtain the source, unless you distribute the unmodified binaries noncomercially
> and got it from someone distributing it with a written offer on how to get it;
> in that case you can just "redistribute" that written offer... See
> http://www.gnu.org/copyleft/gpl-faq.html#WhatDoesWrittenOfferValid and item 3
> in the GPL.
>
> Now, I'm not 100% what "a written offer" means; does the README that comes with
> cdrdao, containing a link to the sourceforge site, constitute "a written offer"
> on how to get the source code? In that case you can just add that to your site.
>
> The cdrdao source code isn't that large, so the easiest way is just to put
> those on your site, too. (If you also distribute the windows binaries you also
> have to provide the cygwin source code, and that is quite large IIRC).
>
>
>
> --
> Jonas Munsin <jm...@ik...>                           KeyID: 1024/98A0C47D
> PGP Key fingerprint         9F 69 9D 96 80 DD 8E D0  D8 A0 30 66 F9 55 63 B4
> Debian GNU/Linux        |          PhD student @ Embedded Systems Lab / TUCS

There are two points I will make that I think will make this clear.

1) When you distribute only binaries of something that is GPL'd, you
need to provide the user receiving the binaries with a means to receive
the source in a medium similar to how the user received the binaries.
So, if they downloaded them off your website, they need to be able to
receive the source off your website.  If you distribute them on a
physical medium (CD, etc.), they must be able to receive the source via
mail order in a physical medium.

2) The written offer given with the binaries must specify how the user
can obtain the source.  If the binaries on a website, the written offer
must specify where on the website to get the source.  The offer on CDs
must specify how the user can write to the distributor to obtain the
source via mail order.  Note, it is not enough for a third party
distributor to point to the origin site of the GPL'd source, they must
provide them on their own site (see
http://www.gnu.org/licenses/gpl-faq.html#SourceAndBinaryOnDifferentSites
for details)

Hope this helps,
Dan

--
Dan Tomalesky
Licensing Question Volunteer
Free Software Foundation
This is not legal advice.  If you need legal advice, consult a lawyer.