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by bonzini 1091 days ago
> Since the written offer is apparently mandatory [1],

It is mandatory if you commercially distribute binaries not accompanied with source code. More precisely, the GPL says you only need to do one of 3a) accompany binaries with the complete corresponding source code 3b) accompany binaries with a written offer valid for any third party 3c) pass over the written offer you received but only if your distribution is noncommercial.

Based on this there are two important points.

First, Red Hat always accompanies binaries that it distributes accompanied with source code, therefore they do not have to provide a written offer. Also note that only the written offer option is valid for any third party, the "accompany binaries with source code" option is not.

Second, it is important that the rights you have according to the GPL start and end with the binaries that you received, they cannot be extended arbitrarily to future releases.

Both points are related to the "dissident test" at point 9b of https://people.debian.org/~bap/dfsg-faq.html.

1 comments

yes but is it legal that they're essentially limiting your right to redistribute by refusing you as a future customer when you do it?

and would it be a good way to change the GPL so that such things are definitely forbidden? (i think so.)