[schmuckonwheels]

It's a medical device that requires a prescription. You can't buy it off the shelf. They're not distributing software to you either. You must go through a medical equipment supplier who transfers the device to you after insurance has paid for some or all of it.

For the same reason you can't find an airplane entertainment system in the trash and call up the company and demand source code.

[kevin_thibedeau]

It doesn't matter what form it takes. Compiled binaries of GPL code are being distributed. The recipients of that binary are entitled to the source of the GPL portions in a usable form:

  "The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable."

The GPL here doesn't extend beyond the kernel boundary. Userland is isolated unless they have GPL code linked in there as well. If they were careless about the linkage boundaries then that's on them.

[abigail95]

You've gone off the rails by narrowly focusing on a passage of a software license without understanding the contract law and copyright law environments that those licenses and transactions exist in.

If you file a statement of claim to a court that is just riffing on the theme of "Compiled binaries of GPL code are being distributed" - you won't get anywhere.

I implore you to learn how to identify the parties involved, which contracts get formed when and between whom, de minimis, exemptions to copyright, and the non-copyrightable parts of code.

[schmuckonwheels]

The recipient of that object code is the medical device supplier, not the end-user.

It's subsequently transferred to you after presenting a prescription, without any accompanying offer of source code.

In other words, assume you are the second owner in all cases when it comes to certified medical equipment.

AFAIK if you find an Android phone in the trash, you are not entitled to source either since you never received the offer of source during a purchase transaction. You know that little slip of paper you toss as soon as you open some new electronics that says "Open Source Software Notice".

[mr_toad]

> purchase transaction

The licensee has to offer code to users (more precisely, to any third party). It doesn’t say they have to purchase anything to be a legitimate user.

[RHSeeger]

> In other words, assume you are the second owner in all cases when it comes to certified medical equipment.

By that logic, _any_ company can effectively ignore the GPL constraints by just selling it to a reseller, first; one that they have a contract with to _not_ offer the source code when they re-sell it.

It is my understanding that, if I use GPL in my code, and I distribute it to someone that then re-distributes it to someone else... the GPL is still binding. I don't see why that wouldn't be the case with hardware using GPL'd software.

[RichardLake]

Would you disagree with this logic? You distribute GPL code to me on a dvd. I give that dvd to someone else. I have not made a copy of the source code, so copyright does not come into this. If instead I copied the dvd and emailed the iso to someone else I would be distributing and copyright comes into it.

[RHSeeger]

The GPL binds _everyone_ who distributes GPL-covered work, including resellers. It doesn't matter if you made a copy of it, you are distributing it.

[RichardLake]

No it doesn't. It can not bind someone that has not agreed to it. A failure to agree might mean they are infringing on copy-right and is liable for damages, but it is wrong to say it binds everyone that distributes it.

[fsckboy]

the license travels with the copy, it is what allows the copy.

if the license does not travel with the copy, then the copy is unlicensed and is a copyright violation. the license carries restrictions and grants rights. those aspects cannot be violated or the license ceases to exist.

you don't know what you are talking about, so stop guessing.

[kevin_thibedeau]

So when I buy a product with GPL code via Amazon, Amazon is the one with the rights to receive the source? That medical supplier is getting paid via the medical coverage the end user is paying for.