Introducing RedPatch (Ksplice Blog)

Posted Nov 15, 2012 8:52 UTC (Thu) by paulj (subscriber, #341)
In reply to: Introducing RedPatch (Ksplice Blog) by Cyberax
Parent article: Introducing RedPatch (Ksplice Blog)

If you're distributing personal code, then you're not subject to the GPL. Nothing you do with that code can violate the GPL, for you're not reliant on GPL right to distribute the work (though, it may make it hard or impossible for others to exercise the GPL rights you say you're giving them). RedHat are largely distributing other peoples' code, exercising GPL rights given to them, a different situation.

Distributing under the GPL *does* force you to distribute the source, if you distribute the work at all. Further, if at any point you distribute in binary-only form, then you are obliged to provide source to *any* 3rd party, for a specified period. This obligation, once incurred, can not be terminated.

Anyway, the point I wanted to make was more about the patches, and whether RedHat making split-out kernel patches available had anything to do with honouring their GPL commitments. If it does, then RedHat should be providing those split-out patches to *any 3rd party*, and if they do not do this then they are in breach of the GPL.

Introducing RedPatch (Ksplice Blog)

Posted Nov 15, 2012 8:58 UTC (Thu) by Cyberax (✭ supporter ✭, #52523) [Link]

> Distributing under the GPL *does* force you to distribute the source, if you distribute the work at all.

Can you please read this article again?

RedHat distributes source code of all patches. Under the GPL. You can get a RHEL subscription and you'll get access to them. Under the GPL.

You can then take these patches and re-distribute them. That's not a problem at all, you're totally free to do it. Under the GPL.

However, RedHat will revoke your access to the RHEL repository should you do this. I.e. they won't give you any further updates - neither in binary form nor in source-code form.

> If it does, then RedHat should be providing those split-out patches to *any 3rd party*
Can you provide a reference to that in the GPL? I'm under impression that GPL kicks in during the moment of distribution only.

Introducing RedPatch (Ksplice Blog)

Posted Nov 24, 2012 5:12 UTC (Sat) by steffen780 (guest, #68142) [Link] (2 responses)

"Further, if at any point you distribute in binary-only form, then you are obliged to provide source to *any* 3rd party, for a specified period."

Are you sure about this? Unless I'm severely mistaken the GPL requires you to make the sources available to the party/parties to whom you shipped GPLd stuff. It does not require you to make anything available to anyone else.

Introducing RedPatch (Ksplice Blog)

Posted Nov 24, 2012 5:29 UTC (Sat) by mjg59 (subscriber, #23239) [Link] (1 responses)

3(b) requires that you provide a written offer valid for any third party if you only distribute binaries. You can avoid that requirement by distributing under 3(a) instead (ie, provide binary *and* source simultaneously)

Introducing RedPatch (Ksplice Blog)

Posted Nov 25, 2012 1:18 UTC (Sun) by steffen780 (guest, #68142) [Link]

My bad, so I was severely mistaken.