[Arm-netbook] evaluating rk3188

[Liviu Dudau]

On Wed, Jul 31, 2013 at 07:53:34PM +0100, luke.leighton wrote:
> On Wed, Jul 31, 2013 at 12:19 PM, Oliver Schinagl
> <oliver+list at schinagl.nl> wrote:
> 
> >> Other than a few orgs like yours that's too small to interest them
> >> they have no incentive.
> >
> > But are they violating the GPL? :)
> 
>  interesting question.  they've released kernel source (ok, it's out
> there...) the thing is: will they force you to sign an NDA to get
> kernel code.  the only thing is, they don't *have* to give you damn
> squat.
> 
>  about the only way to quotes trick quotes them into that situation is
> to say... receive binaries (not under NDA) and *then* ask for the
> source code.  if they don't supply you the binaries, they don't have
> to give you jack s**t.
> 
>  once you've signed the NDA you're screwed if they decide to violate
> the GPL, but if they do that then so are they.

Luke,

That's a very misguided view of the way licensing works. Think about it
in this terms: you license some code from company X that explicitly
states in their agreement with you that you cannot distribute this code
to anyone. Now, no matter what NDA you sign with a third party, you
will be in violation of the original agreement unless that NDA pretty
much states "you are one with us from a legal point of view."

What GPLv2 says is that once you have given the compiled code to any
person (being that your own employee or a 3rd party) you are required to
provide a way for that person to have access to the source code.

So, yes, they are in violation of GPL if they give you the binaries.
The way they currently sidestep that issue is by giving the binaries
to OEMs and make it their problem to distribute that to the public.

Best regards,
Liviu

> 
> l.
> 
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