🚀 go-pugleaf

On 05 Apr 2000 09:29:49 -0700, 
Craig Brozefsky <craig@red-bean.com> wrote:
>David Damerell <damerell@chiark.greenend.org.uk> writes:
>
>> Let us imagine that there is some GPLed code in Windoze. That would
>> require all of Windoze to be made available under the GPL, which would be
>> very amusing for IBM, Sun, Corel, DEC/Compaq, Apple, the FSF,
>> AOL/Netscape/Time Warner/Genom Corporation, etc. I suspect there
>> would be no shortage of lawyer money to fight that one with...
>
>Or they could take that GPLed code out of the distribution.

Would that work, legally?

I have a legal copy of Windows 98. If that contains GPL'ed code, can I
force MS to give me the source?

Or, would only the copyrightholder of the GPL'ed code be allowed to
do that? (MS has infringed on his copryright, not mine). From the
GPL:

----------------->>> GPL
 3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

    a) Accompany it with the complete corresponding machine-readable
    source code, which must be distributed under the terms of Sections
    1 and 2 above on a medium customarily used for software interchange; or,

    b) Accompany it with a written offer, valid for at least three
    years, to give any third party, for a charge no more than your
    cost of physically performing source distribution, a complete
    machine-readable copy of the corresponding source code, to be
    distributed under the terms of Sections 1 and 2 above on a medium
    customarily used for software interchange; or,

    c) Accompany it with the information you received as to the offer
    to distribute corresponding source code.  (This alternative is
    allowed only for noncommercial distribution and only if you
    received the program in object code or executable form with such
    an offer, in accord with Subsection b above.)

[...]

 5. You are not required to accept this License, since you have not
signed it.  However, nothing else grants you permission to modify or
distribute the Program or its derivative works.  These actions are
prohibited by law if you do not accept this License.  Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
-----------------<<< 

So by using GPL'ed code, MS have accepted the GPL (not sure if 
unsigned contracts are valid in US law), and are therefore contractually
obliged to distribute the source.

Do any lawyers know if this is right?

-- 
***** Phil Hunt ***** send email to phil@comuno.com *****
Moore's Law: hardware speed doubles every 18 months
Gates' Law: software speed halves every 18 months