Comment Re:The GPL does not apply here (Score 1) 238
If they give you the binaries, they need to give you the source. But if they choose not to give you the binaries (i.e. you elect not to pay for a Solaris contract), they are not obligated to give you anything (binaries or source)
Correct, but as soon as they distribute the binaries to a single person or organisation, the GPL is also implicitly transferred, and so is Sun's (or Oracles) obligation to provide the source code to any third party who obtains the binary under the GPL from that person or organisation. So they are not obligated to provide you with the binaries, but they are obligated to provide you with the source if you got those binaries from another route. Though, this is time-limited. a quick scan of the GPLv2 shows that this is limited to "at least three years".