Comment Re:Not worried about the court striking down GPL (Score 1) 32
By selling binary code to consumers, though, there's a contract between Vizio and the purchaser because the GPL says that the purchaser gains the same rights under the GPL as the seller, and that the seller is responsible for fulfilling those rights.
I don't see anything in the text of GPLv2 that says the seller is responsible for ensuring the buyer can exercise/fulfill those rights. It says the buyer has the rights, and it obligates the seller to distribute source code to the buyer, and it says if the seller is under some restriction that prevents them from complying with the terms of the license they may not distribute, but I don't see any obligation to ensure the buyer can exercise the rights separate from the obligation to distribute code to them. But I think that obligation is to the copyright holder, not to the buyer, which means we still have the issue that only the copyright holder has standing to sue.
Your suggestion that the seller be responsible for "fulfilling" the rights might have been a nice improvement to the GPL if it could be written so it achieved your goal of giving the buyer standing, and without creating unacceptably-broad obligations on the seller (a stupid and contrived example: What if the buyer were unable to exercise their right to modify the software because they don't know how to program? Is the seller obligated to train them, or make modifications for them?). I think this might be possible... but in any case it doesn't seem to be present.
If there's some part of the license text I'm missing or misunderstanding, please point it out.