[Arm-netbook] Fwd: CT-PC89E / Chitech GPL Violation update: they're "in the middle"

[Luke Kenneth Casson Leighton]

---------- Forwarded message ----------
From: Richard Stallman <rms at gnu.org>
Date: Mon, Mar 29, 2010 at 7:28 PM
Subject: Re: CT-PC89E / Chitech GPL Violation update: they're "in the middle"
To: Luke Kenneth Casson Leighton <luke.leighton at googlemail.com>
Cc: arm-netbook at lists.phcomp.co.uk, moglen at softwarefreedom.org


Please forward this to legal at lists.gpl-violations.org.

   ok, i just heard back from kimberley of chitech, and she explained
   that they're "in the middle".  they're just a factory, manufacturing
   machines.  this puts them in both a difficult position and also in one
   of power, because they are perfectly well entitled to request the GPL
   and LGPL source code, just as we are!

This concept of "entitled to request source code" is a
misunderstanding.  If you try to understand GPL enforcement in those
terms, it will lead you astray.

The GPL does not say you are "entitled to request source code".
The GPL says that the distributor is required to provide or offer
source code.  If he fails to do this, he has violated the license,
whether or not anyone ever "asks" for that source code.

These requirements apply to every distributor, including Chitech.
Where Chitech got the code is legally irrelevant.

The FSF staff will explain that to them.