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

[Luke Kenneth Casson Leighton]

On Mon, Mar 29, 2010 at 7:28 PM, Richard Stallman <rms at gnu.org> wrote:
> Please forward this to legal at lists.gpl-violations.org.

 done.

>    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.

 yes.  mine.

> 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.

 ohhh.

 darn.  ten years of dealing with GPL software and i didn't know that.
 *shakes head*.

> These requirements apply to every distributor, including Chitech.
> Where Chitech got the code is legally irrelevant.
>
> The FSF staff will explain that to them.

 i will talk with them.

 thank you for your help with this, richard, in clarifying things.

 l.