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Upholding the first sale doctrine

Upholding the first sale doctrine

Posted Mar 21, 2013 9:49 UTC (Thu) by anselm (subscriber, #2796)
In reply to: Upholding the first sale doctrine by bootc
Parent article: Upholding the first sale doctrine

If a device includes binary code derived from source code distributed under the GPL, that code (and by extension, the device containing it) can only be distributed if either (a) the source code is included with the binary, or (b) the vendor offers, in writing, to give the source code, under the GPL, to »any third party« (GPLv2) or »anyone possessing the object code« (GPLv3). In the first case, there is no problem because buyers of the device already have all they need. In the second case, there isn't a problem, either, since the offer also applies to second-hand buyers of the device. (The only problem with the second case is for second-hand buyers who buy the device after the time limit on having to offer the source code has expired.)


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