Re: Monta Vista software license terms

From: Horst von Brand (
Date: Wed Feb 12 2003 - 03:00:58 EST

David Schwartz <> said:


> But you don't need to distribute the rights to the Linux kernel
> because already already has the rights to the Linux kernel.

Yes, because they got them from someone.

> And when
> you say you "get sources .. under the GPL", you're implying that you
> have to assent to the GPL to get sources, but you don't. The GPL is
> not a shrink-wrap agreement and you don't have to assent to it just
> to receive or use sources.


> There is no distribution issue because
> everyone already has the right to possess and use every GPL'd work,
> so there are no rights to distribute.

Maybe putting a binary up on FTP or giving it to you on a CD can't be taken
legally as agreeing to GPL, but I'd consider that rather far-fetched. AFAIU,
if I have a copyright on something I have the legal right to stop anybody
from using it against my will, a license is just an expression of what I
allow you to do. GPL is a license using copyright, it just gives everybody
the right to do as they please and only restricts redistribution.

In any case, IANAL. And I believe you aren't either, so this discussion is
irrelevant. Get a lawyer versed in this stuff to check out your theory.

Dr. Horst H. von Brand                   User #22616
Departamento de Informatica                     Fono: +56 32 654431
Universidad Tecnica Federico Santa Maria              +56 32 654239
Casilla 110-V, Valparaiso, Chile                Fax:  +56 32 797513
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to
More majordomo info at
Please read the FAQ at

This archive was generated by hypermail 2b29 : Sat Feb 15 2003 - 22:00:38 EST