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SubjectRe: APC, Your company is making a mistake!
Henning Schmiedehausen wrote:
>
> He _IS_ the guy. When will you get it?

As soon as you or anyone else can explain to me WHY he can still distribute the
binaries without source being made available, if in fact this is the case.

> He was forced to pull the
> source off the net because of legal issues with reverse-engineering of
> the APC Smart UPS protocol.
>

In other words, distributing the binary is at the moment a violation. To quote
from my handy-dandy copy of the GPL:

7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.

If this does not prohibit distribution of the software in this case, since he
apparently cannot distribute the source, than tell me why.

All I'm asking for is an explanation in terms of the GPL, IF in fact -- and this
may no longer be the case -- the software is still under the GPL. Instead you
just keep saying "YOu don't get it" without saying what IT is.


Thank you very much,

Justin A. Kolodziej
--
My lucky number has been disconnected.

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