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Given by whom? | 474 comments | Create New Account
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Given by whom?
Authored by: Anonymous on Wednesday, July 04 2012 @ 02:22 PM EDT

In receiving the copy, the user has been given a limited amount of copyright as well. They have the right to distribute further copies, with or without modifications of their own.
While true, it's also true that does not come from the interim party except via any code changes said party may have made. That comes direct from the Copyright Holder.
That gives them (conceivably) standing to sue for required parts that were omitted in the original distribution
For code that comes from the interim party, I would agree. It makes sense they could sue for breach of license if the interim party attached the GPL license to said parties code and then did not provide the source. But it does not make sense they could sue on Copyright grounds.

For code that comes from others, I'd say:

    They have an explicit license direct from the copyright holder as the GPL makes quite clear.
As a result, what implied license could they have with the interim party if said interim party never changed any code? I say implied, because my reading of the GPL does not show any kind of obligation between the interim party and the end-user recipient.

The obligation is between the interim party and the copyright owner.

An end-user could certainly demand the source code from the interim party - anyone can demand anything. But whether there is Legal obligation between the interim party and the end-user is a totally different question which I have not seen answered in a clear meaningful way.

The bottom line is: If there is no clear meaningful way for the end-user to hold the interim party accountable - then all concern over lawsuits that may arise from an end-user to target the interim party is (to put bluntly) FUD.

Perhaps if Canonical is truly concerned with end-users raising valid lawsuits - they can clearly outline on what gounds they believe such lawsuits can be raised.

RAS

[ Reply to This | Parent | # ]

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