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SubjectRe: Topic for discussion: OS Design + GPL
On Mon, 23 Oct 2000, Andre Hedrick wrote:

> Subject: Re: Topic for discussion: OS Design + GPL
>
> ftp://ftp.etinc.com/pub/linux/linux22_hdlc.tgz
>
> Could explain to me why ET Inc is modifying GPL drivers and then
> republishing the binaries as modules only?
>
> Not that it is my sub-system, but I am not sure that my friend Don knows
> of this issue. If Don does not care then, good day.
>
> ls hdlc/usr/hdlc/dev/modules/2.2.14
> . eepro100.o etbwmgr.o tulip.o
> .. eepro100orig.o ethdlc.o tuliporig.o

I very much care.

Neither the eepro100.c nor the tulip.c driver have been released under any
license but the Gnu GPL.

Any distribution of those drivers must only be done under the terms of the
GPL. That includes providing a copy of the GPL text and making a specific
offer of source code as required by the GPL.

If you have offered driver object files without offering the source code,,
you have terminated your right of redistribution of the code per paragraph 4
of the GPL. That means you have no right to distribute the drivers, even
if the violation is corrected.

In general I will reinstate redistribution rights if
- the license violation is acknowledged
- you provide a specific plan to prevent future violations
- you notify all existing recipients of the license violation, including
their right to receive the source code.
This reinstatement of rights is not automatic, especially with evidence of
continued, willful violations.


Donald Becker becker@scyld.com
Scyld Computing Corporation http://www.scyld.com
410 Severn Ave. Suite 210 Second Generation Beowulf Clusters
Annapolis MD 21403 410-990-9993

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