Comment by ryandrake
20 hours ago
Why is it ridiculous? If the license says you have the right to obtain the source code to software that was distributed to you, then you have the right to obtain the source code. It doesn't matter what your intended use of it is.
Rather crucially, the license itself does not say that you have the right to the source code. It is only the separate written offer which gives you that right. If you did not receive such an offer, you don’t have any right to it. But then, the company has already, unquestionably, violated the GPL, and the company can be sued immediately. Specifically, you don’t have to first ask the company for the source code! The lack of a written offer is in itself a clear violation.
> But then, the company has already, unquestionably, violated the GPL, and the company can be sued immediately.
You were right up to this point. Medical devices requiring a prescription must be obtained via specialized suppliers, like a pharmacy for hardware. These appliances are not sold directly to end users because they can be dangerous if misused. This includes even CPAP machines.
In theory, that written offer only needs to go to the device suppliers. Who almost universally have no interest in source code. When the device is transferred or resold to you, it need not be accompanied by the offer of source.
If that was true, anyone reselling an Android phone could open themselves up to legal liability. Imagine your average eBayer forgetting to include an Open Source Software Notice along with some fingerprint-encrusted phone.
> If that was true, anyone reselling an Android phone could open themselves up to legal liability.
That’s only an appeal to ridicule. If those are valid, here’s an opposing one:
If this is not true, then any company can violate the GPL all it likes just by funneling all its products through a second company, like a reseller.
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> When the device is transferred or resold to you, it need not be accompanied by the offer of source.
This is false. The person transferring the device must either pass along the offer they received (GPLv2 clause 3(c), and only if performing non-commercial redistribution), or pass along the source code (GPLv2 clause 3(a)).
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My Android phone does come with an explicit written offer of source. It's in Settings>About>Legal.
> In theory, that written offer only needs to go to the device suppliers.
The GPL clearly specifies recipients, it doesn’t say anything about suppliers.
You already created an interesting top-level comment analyzing the difference between "offering" and "providing" which has a lot of discussion. I'm just saying it's not "ridiculous" to expect software licensing terms to be applied and enforced, whatever a judge decides those terms end up meaning.
It's a medical device that requires a prescription. You can't buy it off the shelf. They're not distributing software to you either. You must go through a medical equipment supplier who transfers the device to you after insurance has paid for some or all of it.
For the same reason you can't find an airplane entertainment system in the trash and call up the company and demand source code.
It doesn't matter what form it takes. Compiled binaries of GPL code are being distributed. The recipients of that binary are entitled to the source of the GPL portions in a usable form:
The GPL here doesn't extend beyond the kernel boundary. Userland is isolated unless they have GPL code linked in there as well. If they were careless about the linkage boundaries then that's on them.
You've gone off the rails by narrowly focusing on a passage of a software license without understanding the contract law and copyright law environments that those licenses and transactions exist in.
If you file a statement of claim to a court that is just riffing on the theme of "Compiled binaries of GPL code are being distributed" - you won't get anywhere.
I implore you to learn how to identify the parties involved, which contracts get formed when and between whom, de minimis, exemptions to copyright, and the non-copyrightable parts of code.
The recipient of that object code is the medical device supplier, not the end-user.
It's subsequently transferred to you after presenting a prescription, without any accompanying offer of source code.
In other words, assume you are the second owner in all cases when it comes to certified medical equipment.
AFAIK if you find an Android phone in the trash, you are not entitled to source either since you never received the offer of source during a purchase transaction. You know that little slip of paper you toss as soon as you open some new electronics that says "Open Source Software Notice".
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