china buying software

[Cybe R. Wizard]

On Thu, 20 Jan 2011 13:00:00 -0500
Michael Haney <thezorch at gmail.com> wrote:

> If a device maker were using an unmodified kernel and GPL software
> then you are correct.  But, if they modify the kernel and GPL code,
> then sell the device but don't make the source code available that's
> when the legalities get touchy.  Yes, freely sharing a copy of Linux
> isn't illegal according to the dictates of the GPL.  In fact, its
> actually encouraged.

I maintain that it is still a legal implementation of the software.  It
would be the person who supplied the software who was performing an
illegal activity.  The source code availability requirement is incumbent
upon the human doing the distributing, not an onus upon the software,
itself.  Whatever parts of software which were /not/ modified are still
legally GPLed and the parts distributed illegally should be viewed as
'should have been GPLed' and, therefore legal.
  
My contention is that the illegality is always on the responsible
human, never on the software.  IOW, code doesn't commit illegality,
folks do.

Of course, IANAL and any clarification to my contention is very
welcome.  The GPL licenses are quite interesting to me and I wouldn't
mind understanding them better.

Cybe R. Wizard
-- 
Registered GNU/Linux user # 126326
Registered Ubuntu User # 2136