FSF takes on Apple's App Store over GPL
Posted Jun 10, 2010 21:34 UTC (Thu) by sfeam
In reply to: FSF takes on Apple's App Store over GPL
Parent article: FSF takes on Apple's App Store over GPL
So you're claiming that if I produce "Farnz Windows 7", which is a box of my own design, with a copyright infringing copy of Windows 7 inside the box, and Best Buy stock it at $25, Best Buy can't get in trouble?
I am not claiming that. They would have a problem because the box in question was already illegal/pirated/infringing/whatever as it came from the upstream supplier. It would have been an infringing copy whether one purchased it directly from Farnz Inc or from Best Buy. They are at fault for not determining that it was a legal product to begin with.
But in the case of a SUSE box, so far as I understand your line of argument, the box and contents were fine and proper as delivered from SUSE but somehow became tainted by having a Best Buy sales-tag attached. Let us assume for the purpose of argument that Best Buy was diligent in checking that the box and contents were license-compliant from the start, with SUSE providing the source and/or a written offer inside that box. You seem to be arguing that nevertheless Best Buy itself has acquired additional obligations under the terms of a license agreed to by SUSE (the packager/distributer) and by the end user. How? No one is suggesting that Best Buy modified the contents, much less the original source, in any way. If I buy the box at Best Buy, and then re-sell it still-unopened to a friend, am I suddenly responsible for providing a copy of SUSE's source trees? I can imagine that there are people who hold such over-zealous interpretations of the virulence of the GPL, but I think Schlesinger is not the only one who would be "taken aback" by such an interpretation.
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