Re: [ossig] CA open-sources Ingres database - News & Technology - CNETAsia

[Kenneth Wong <ken@xxxxxxxxx>]

On Thursday 27 May 2004 12:28, Dinesh Nair wrote:
> "However, when the organization transfers copies to other
> organizations or individuals, that is distribution. In particular,
> providing copies to contractors for use off-site is distribution."
>
> the right to use is a license, is it not ? if it is a license, then
> it would be incompatible with the GPL, if google is intent on using
> the GPL version of mysql in their appliance.

Funny thing about the GPL. It states, "Activities other than copying, 
distribution and modification are not covered by this License; they are 
outside its scope". So "right to use" doesn't fall under the GPL, huh? 
Wierd.

I'm not making the case that Google's appliance doesn't need to share 
either. Morally, if they have GPL code in it, they should share it. 
Legally, I don't know. 

We've already established that if the user owns the appliance that 
contains the binary, then the GPL kicks in as the user is in possession 
of the binary (Linksys and other embedded systems cases). What if the 
user doesn't own the appliance? They are merely connecting to it and 
using its services. Did you "distribute" the program? That's what the 
courts have to decide.

Thing is, we normally don't say a website is distributing its source 
code. If your isp runs the clamav antivirus scanner (GPL), are they 
obligated to make the clamav source available to all? Normally no. Now 
a Google appliance is the same - you connect to it to obtain its 
services. You legally have no more access to its internals than you 
have to your ISP's email server. Only difference is that the appliance 
is physically sitting in your office. 

FSF's intepretation above implies legal access (though not ownership) to 
the source code by the contractors. Google's appliance does not. Unlike 
the Linksys routers, you do not own the appliance. Google does. 

I don't claim Google would not be required legally to distribute the 
code. I'm saying I don't know for sure. It's ambigious. 

-- 
Kenneth Wong
IOSN Programme Consultant, UNDP-APDIP, Malaysia
DID: +603 2091 5169 Fax: +603 2093 9740
International Open Source Network: http://www.iosn.net
UNDP Asia Pacific Development Information Programme: 
http://www.apdip.net


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