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by rlidwka 3747 days ago
If he doesn't own BMW car, he didn't receive a written offer and can't really act on it.

You have to refer to actual written offer made to one of their customers. The argument that "I didn't see the written offer, but I believe it exists" doesn't seem very convincing.

edit: "own" is defined loosely here, you may ask a friend for a copy of the offer, or rent a car, or download it if someone publishes it on the Internet. But if you have never seen the offer, I'm pretty sure you're not in a position to enforce it.

2 comments

"If he doesn't own BMW car, he didn't receive a written offer and can't really act on it. "

This is not correct ;-)

(i'll just point you at the other comment, rather than repeatedly quote the gpl compliance guide in multiple comments)

As far as I know, the people who can enforce it are the copyright holders, if they have evidence that BMW isn't complying with the license. It's irrelevant whether they personally own or have used a BMW car.
If BMW (or anyone) has distributed the code in violation of its license then the copyright holders can sue. But there would have to be someone who's received a BMW car (i.e. distribution) for there to have been distribution in violation of the license.
> But there would have to be someone who's received a BMW car (i.e. distribution) for there to have been distribution in violation of the license.

This is a pretty trivial standard to meet. BMW sometimes sells multiple cars in one year.

Sure. So the question then becomes did they a) fail to include the required written offer with one of those cars or b) not honour that offer for any third party? And the answer to both of those is no.