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Comment Re:Short Answer: Yes (Score 1) 504

The key here is that the GPL does not force you to distribute the source unless you distribute the binaries--and even then, you only need to provide the source to the people to whom you distributed the binaries.

That's true only if you distribute the source alongside the binaries. If you distribute the binaries with an offer to provide the source, then you are, infact, required to provide the source to anybody (regardless of if you distributed the binaries to them) who requests it for a minimum of three years.

Comment Re:call me when apple approves it (Score 1) 280

block it in their upcoming firmware version

Why would you need to upgrade to later firmware versions if you're running Android on your iPhone? Seems to me you would only want to upgrade to later Android versions.

That's how I read it at first, but I think the point is that new iPhones that come with new firmware preinstalled won't be able to take advantage...

Comment Re:But he wasn't in charge of the network (Score 1) 530

In reality, though, if I was fired, I'd suggest to management, even providing a list, of all my accounts and insist that all my passwords were revoked and/or changed, with written confirmation from the company, as soon as possible, just so that I could not be later blamed for someone else's screwup from that point onwards.

This is exactly what I did when I resigned from my sys/net-admin job - insist that all admin level passwords are immediately changed and any elevated privileges assigned to any of my accounts be revoked, and refusing to go near a keyboard until it is done.

It's the only sensible, ethical thing to do - it protects you, and you employer.

Of course, it helped that there was an intense blame culture, everybody's focus was on CYA, at least 3 non admin "trusted" employees had knowledge of the admin passwords (I was the sole admin in the company of 20 employees), and all of my security policies were ignored - not the environment where you want to make yourself a convenient scapegoat while working out your notice period.

The Courts

British Chiropractors Drop Case Against Simon Singh 182

SJrX writes "Several sources are reporting that the British Chiropractic Association has dropped its lawsuit against famed writer Simon Singh. He had recently won a High Court ruling in his favour, but this had been open for appeal." Also covered at The Independent and at MacLeans. Singh had angered the chiropractors' trade group with his published claim that certain chiropractice treatments were "bogus."

Comment Re:Why do people misunderstand the GPL so? (Score 1) 238

Actually, I'm not 100% correct on that point either - so long as the source is distributed at the same time as the binaries, then they've discharged their obligations under the GPL so we were actually both right.

Yes, Oracle can limit who they provide the source to, but only if they supply the source at the same time they provide the binaries (I don't personally know if they do this), otherwise the GPL requires them to make the source available to anyone who has a copy of the binary. Yes, Oracle can charge for supplying the binaries as a commercial transaction, but the sources need to be supplied at a reasonable cost for shipping. Yes, Oracle can choose who to do business with and so have the right to not sell the binaries or distribute the source to anyone other than existing customers.

So, to answer the question in your subject line - *this* is exactly why people misunderstand the GPL. Of course, it serves it's purpose, and if the world hadn't been taken over by lawyers it would probably be a lot simpler, but surely there's a better way?

Basically, the GPL does give Oracle the right to do exactly what you say. You were right, I was right, but the Devil is in the details and apparently even the combined nerd-quotient of Slashdot doesn't get it right first time.

On the plus side - I've got a slightly better understanding of the GPL now.

Comment Re:Why do people misunderstand the GPL so? (Score 1) 238

GPL does not mean they have to give their product away for free to anyone who asks.

It means that whatever pieces of code they use that are under the GPL, they cannot block re-distribution of; and they must provide "access to code to customers who ask". *NOT* to "anyone".

Actually, not quite. In GPLv2 section 3, which you're referring to here,

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

They *DO* have to provide source code to any third party who has a copy of the binary

Comment Re:Sidestep? (Score 1) 238

The reason we require the offer to be valid for any third party is so that people who receive the binaries indirectly in that way can order the source code from you.

And if I want to keep my mods private I will charge one million USD for the source. I am allowed to do this because I initially charged that much for initially distributing the binaries (to one of my shell companies, of course, which then redistributed to you). When I receive payment, the source will be mailed to you in leather-bound hardcopy, in 6pt dingbats font, and you will find that there is a 100,000 to 1 comment-to-code ratio. Enjoy your source distribution! :)

No, you are not allowed to charge an arbitrary sum for providing the source. You can charge an arbitrary sum for the binaries, since that is covered in the commercial distribution clause but the source must be provided at cost, and it must be in a machine readable form. So, the comment to code ratio will be OK, the 6pt Dingbats font is debatable, but the leather bound hard copy, while nice to keep on a shelf is expressly forbidden by the machine readable provision of the GPL.

Comment Re:Just like Redhat (Score 1) 238

Am I right that if they only distribute the patched binaries to customers who have support contracts, they only need to make the source available to those customers?

Can they also add clauses to the support contracts so that if those customers are found distributing the source code to others, they don't get to sign up for future support?

No, and no.

The source must be made available to anyone with the binary, regardless of where it came from since the GPL is transferred along with the binary. For the same reason, you cannot place additional restrictions on the use of the binary or source code.

Comment Re:There's an easy solution to the GNU issue... (Score 1) 238

...and make the source code available (via the web?) for the GNU parts. Offering the source for the GNU packages wouldn't cut into their sales much,

Correct me if I'm wrong, but doesn't the GPL etc require source distribution only for the software covered by GPL that someone has provided to you? If they haven't provided a binary of the updated software, are they required to provide updated SOURCE for that software?

Yes, if the updated binary was originally distributed from them since the GPL is implicitly transferred along with the binaries. If you got the binaries from somebody who got them from Sun, Sun still have to provide to you upon request a copy of the source code the binary was built from. They are permitted to charge reasonable costs for distributing the source, however.

Does the GPL REALLY mean that someone is required to support the code you got from them forever for free? Can I call up Walnut Creek and demand that they send me a CD of the all the updates for all the software I bought from them?

No, only for a minimum of three years, and the GPL says nothing about support - only that the source be available upon request.

Comment Re:That's a nice server you got there (Score 1) 238

By that measure then no need for Toyota to recall anything. You paid for the current version of the vehicle so they can just charge to fix your death trap. As long as its reasonable, labor, parts of course! I'm waiting for someone to set a legal precedent here. The day a software company becomes liable for negligence will forever change IT. I can see it happening at a hospital where access to vital information was lost and someone dies.

Except the motor industry (probably more specifically *safety* in the motor industry) is regulated, the software industry is not. So Toyota are legally required to ensure their car designs/manufacturing processes result in their cars meeting certain minimum safety standards, Oracle/Sun is not legally required to ensure their software does anything.

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