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benny1967's Avatar
Posts: 3,790 | Thanked: 5,718 times | Joined on Mar 2006 @ Vienna, Austria
#114
Originally Posted by Matan View Post
The GPL did not require providing source to any third party, last time you read it? Really? Did you actually read it? Did you manage to get as far as paragraph 3b, quoted just a few posts upthread?
I can only repeat myself, but I'm not sure if it's useful: The GPL could require that you stand on your head on times square and read the source code aloud while you eat cheeseburgers: it does not matter. none of the passers-by (in case you actually are on times square...) could request that you do it. There's no treaty between you and those people that would give them any right to ask that of you.

The person who could force you to stand on your head, eat the burger and read the source code aloud is the one you received the application from. He gave it to you under these terms and conditions. It's up to him to enforce them.

Those who actually received a copy of the application from you can enforce that you give them what the license grants them (like: full source), but they can't make you do things that don't affect their own rights (like: give the source to others).

So if we assume there's Fabien, Nokia (=Ovi Store) and some anonymous contributor (call him A.C.) who wrote GPLed code for Stellarium: A.C. can request of Fabien that he should offer to publish the sources to "any third party". The same is true vor Fabien vs Nokia. But I cannot request Nokia make the sources available to my neighbours and friends as "third parties". I can only ask Nokia customer service to send me the sources, knowing I'll have the right to distribute them afterwards.
(Same as with other parts of the GPL that the Ovi Store clearly violates, but nobody but Fabien and his co-authors can force them to do.)

Again, it all comes down to: Will Nokia distribute the sources upon request? We'll soon know. Meanwhile, we must give them the benefit of the doubt - even if it's Nokia.
 

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