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GPL: Does a conveyor's violation result in rights to users?


From: Elvey
Subject: GPL: Does a conveyor's violation result in rights to users?
Date: 26 Mar 2007 19:33:51 -0700
User-agent: G2/1.0

GPL: Does a conveyor's violation result in rights to users?

E.g. Assume a user receives a binary-only copy of the firmware bundled
with a hardware device based on a GPL'd OS (no source or offer of
source is provided). Does the GPL give the user the right (or for
other reasons does the user now have the right) to provide or obtain
newer versions of the GPL'd firmware that the vendor sells (e.g. to or
from another client)?  i.e. does it give anyone holding a binary copy
the right to distribute it for free to users denied the source that is
their right to receive?   From a moral standpoint, it's well-
justified, IMO, but I'm also asking from a legal standpoint.  AFAIK,
the license does not address the issue directly.  Perhaps there's case
law that does. (Then again, I don't recall that there's any case law
establishing clickwrap licenses as binding at all...)

Anyone aware of discussion as to whether the GPLv3 should (or could)
make a user entitled to do this?

I imagine it would be difficult to craft license language allowing
this that didn't end up allowing nefarious folks to distribute free
software unfreely.



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