Net Integration's NITIX OS

[Hal Duston]

On Sun, 2004-01-18 at 14:51, DCT Jared wrote:
> On Sun, 18 Jan 2004 11:42:24 -0600, Hal Duston wrote:
> >Does this mean that I have to _license_ my changes to the Linux kernel
> >to all third parties? Yes. Does this mean that I have to _distribute_
> >my modified sources to all third parties? No.
> 
> Uh, this is not making sense. You mean to tell me that
> I can give you a license but do not need to follow up
> with actual code?

That is correct.  I only have to give the source code to those parties
to whom I give the binary code.  If I take my modified kernel and give
it to a single other member of KCLUG, and also give them a copy of the
source code, I have thereby fulfilled  my entire obligations with regard
to the GPL.  I have to give all parties a _license_ to the source code
so that any other party can use the code as the might receive it from
the other member of KCLUG to whom I have given the source code.

> As I understand open source, it means that I need to distribute 
> any modified source code to EVERYONE if I distribute even 
> a single binary to anyone other than myself. (Myself can 
> mean "my corporation" here, of course.) Sourceforge,
> for example does not permit people to distribute binaries
> alone, and they only host open source projects. Thus, if
> you are saying that 
> _all third parties are licensed_ 
> AND
> _only some third parties actually get source code_
> you are not making sense, and I am in agreement with
> Jonathan Hale, your position is clearly breaking the spirit 
> of the open source agreement.

I am quite certain that if I give a modified Linux kernel (with source)
to other members of KCLUG, I am still _not_ obligated to deliver source
code to anyone who asks to receive it.  I am only obligated to deliver
the modified source to any parties that have received the modified
binaries directly from me.  Any other parties can receive the modified
source from the same party they received the modified binaries.  I have
to _license_ the code to anybody who has a copy of it, but I do not have
to deliver it.  If delivering a modified binary+source code to some
members of KCLUG thereby obligated me to deliver binary+source code to
any and all parties could quickly overwhelm my capability to deliver it.
This would thereby be a disincentive for me to even develop any
modifications in the first place.

--
Hal