Re: Elonex ONE+

You're splitting hairs.

You've argued that it's possible that they have some non-GPL license
in effect that doesn't require them to give you the source code. While
that is theoretically possible (though practicably impossible, given
how many copyright holders AbiWord has), I assure you that it didn't
happen.

> Precisely. You have recourse. I don't. The problem would be that it
> appears so far that they
> *have not* conveyed it to me under the GPL. Assuming they don't offer it
> all up of
> course - notwithstanding the lack of notices etc.

So if they don't answer your requests in the next week or so, let us
know. It appears that they are in violation of Section 3 of the GPL,
and thus their right to distribute the work is null and void under
section 4.

> If they *should* convey it to me under the GPL, but they *don't*, then I can
> hardly
> enforce my rights under the GPL, because I don't have any.

You have rights under section 6 *regardless* of whether they
acknowledge that they've supplied a GPL-licensed product to you, by
virtue of you having a copyrighted work in your posession. The GPL
isn't about protecting my rights as a copyright holder. The GPL's
purpose is to protect your rights as a recipient of my copyrighted
product. The ball's entirely in your court.

"6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License."

I am not responsible for enforcing compliance by third parties (like
Elonex) to this License. You're entitled to the source code, not me.
Once you can reasonably prove to me that you've been denied a copy of
the source, I can argue that my license has been breached, and only
then redress the court for remedy. Independently, you're entitled to
sue them for a copy of the source code if they continue to ignore your
requests thereto.

Dom
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Received on Mon Aug 18 21:14:34 2008