[imp] Re: SMS at inbox.lv

[Chuck Hagenbuch]

Quoting Gavin Hamill <gdh@acentral.co.uk>:

> Out of curiosity - if they put their version of IMP in a standalone
> product sold as a 'device' (something like the Cobalt Qube) would they 
> have to release the code?

IANAL (though I'm engaged to one, so perhaps better informed than some), but
my understanding is:

- If they distribute modified code (and putting it in a device like a Qube
would constitute distribution), they are required to make available the
modified source _to those whom they distribute modified code to_.

- However, this is PHP, so unless they're using the Zend encoder, they would
already be distributing the code, so the above is kind of moot; they would
not be required to make source available to those they weren't distributing
modified code to.

- HOWEVER (and the reason that people don't usually do the "give source only
to those we sell modified binaries to", instead of making it publically
available), they would not be able to restrict distribution of modified code
by those people who they distribute it to. In plainer terms, even if they
sell modified code and only give the source to those who pay, anyone who
gets the code from them has _full_ rights - the full GPL - to do whatever
they like with that source code, including distributing it free of charge or
selling it. Again, given that they give those same rights to everyone that
they in turn distribute to.


... so in the end, distribution would mean the source would have to get out
there somehow.

-chuck

--
Charles Hagenbuch, <chuck@horde.org>
"After a few minutes the most aromatic and nice smelling Italian coffee 
 will come out of the exhaustpipe." - Our stove-top espresso pot