[Arm-netbook] Allwinner git / GPL stalemate situation

Henrik Nordström henrik at henriknordstrom.net
Fri Jun 1 22:02:39 BST 2012


fre 2012-06-01 klockan 22:49 +0200 skrev Vladimir Pantelic:
> I am not so sure. Under an NDA both parties agree to keep shared 
> information confidential, so it's basically as if Olimex was working
> on-site as a contractor, they would to get to see the code, but one
> could not construct a right to release this under the GPL to 3rd parties.

The NDA in question is almost 100% unidirectional. It's not a mutual
agreement.

And there clearly is a distribution of GPL licensed items from one
entity to another involved here. 

> E.g. we have interns working on GPL code, but that does not give them
> the right to pass it on until we release it.

That's different, Those are working for you in your projects and most
likely in your facilities using your equipment. Under such conditions it
would be very hard to argue that a distribution have taken place.

In the Allwinner/Olimex relation Olimex is a customer, using their
information to build a Olimex product. The NDA as written to not give
Olimex the rights needed for developing a product that can be sold.

Regards
Henrik




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