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    SubjectRe: blatant GPL violation of ext2 and reiserfs filesystem drivers
    Horst von Brand wrote:
    > > >>Developer replies that the source code will be provided
    > > >>only to paying customers:
    > > > Not really. Developer does make the bizarre statement that "paid
    > > > customers" are entitled to source code,
    > Read the GPL: You get the binary, you are entitled to the source. You have
    > no binary, wellll...
    > Sure, you can get the binary (legally!) from somebody else, and then you
    > are entitled to source.

    If in the last paragraph mean "then you are entitled to the source
    [from Developer]", then that is not correct.

    You are entitled to the source from the person who gave you the
    binary. You are also only entitled to it in ways enumerated by the
    GPL - i.e. at the same time as you receive the binary, or if the
    person giving the binary does not provide the source at the same time,
    in the form of a 3 year written offer to provide it later from that

    If you receive a binary from an intermediate 3rd party, you have no
    entitlement to get the source from _their_ supplier. Only from the
    3rd party.

    If the 3rd party don't supply you with source, even if _they_ can't
    because they don't have it, then _they_ are in breach of the GPL when
    they give you the binary.

    Of course, the upstream Developer could give you the source anyway.
    But they aren't required to do that, if they aren't providing the binary.

    All that said, isn't this thread a result of the upstream Developer
    (i.e. not a 3rd party) providing binaries for free, and then not
    providing source to the people who get those free binaries, despite
    saying they will? That is not on.

    -- Jamie
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