Quote:
Originally Posted by Jellby
Unfortunatelly, I think tompe is right. Bookeen knows their device uses Linux, and they should know that it's GPL and what that means, so they should comply with its license. If they don't, they shouldn't distribute Linux.
Let's say their hardware suppliers embedded not only Linux in the system, but also the latest Shrek movie in divx (without license, of course)... Bookeen wouldn't been responsible for what the suppliers do, but they would be responsible for what they do if they sell this illegal content.
Being realistic, I don't think tompe is asking Bookeen to just drop the Cybook or quit business, but they should try (harder?) to solve this issue either by pressing their suppliers to release the source code or by embedding the OS themselves (and releasing the source code if it's a GPL OS). Until then, they are morally, and probably legally, doing wrong.
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Only if Bookeen knew that the manufacturer had NO INTENTION of releasing the source code for the GPL'd code. What if, and I think this quite possible, the manufacturer has stated to Bookeen that it fully intends to comply? In that case, Bookeen had, and has, every right to sell the device as it is working under the Good Faith presumption the manufacturer will follow through.
Yes, it is Bookeen's responsibility, now that units are hitting store shelves and customers' hands, to work to get the manufacturer to live up to it's GPL obligations, but under the scenario I described, Bookeen has done nothing wrong - and I'm quite willing to accept the notion Bookeen worked under these assumptions.
Derek