It would be nice if people who seem to be anti-GPL would actually read the GPL, or understand how many commercial products use GPL'd software.
To address a couple of points brought up in this thread.
When GPH choose MagicEyes, they choose Linux. MagicEyes provides two OS options WinCE or Linux, given WinCE's cost the answer was obvious. Suggesting that GPH should have developed an OS from the ground up is fairly ridiculous. Judging from how long it's taking them to get firmware patches out the door the amount of time it would have taken them to develop a full fledged OS would have delayed the GP2X for a very long time.
Stinch is absolutely correct. GPH cannot “give” code to the GPL that GPH does not own, and in practice I do not believe any company has ever been forced to give up their proprietary code even if they mixed it in with GPL'd code. What has historically happened is the offending company, GPH in this case, is forced to stop the infringement, usually through a court order. The company then works out the problem, in this case that would mean making sure that no “proprietary” code is mixed in the GPL'd code, making the source code available to those who have been given binaries, and lastly by including a copy of the GPL licensee with the GP2X.
Linksys/Cisco didn't go bankrupt when they had to release their GPL-tainted code. Nobody buys the lower quality knock offs.
To address a couple of points brought up in this thread.
When GPH choose MagicEyes, they choose Linux. MagicEyes provides two OS options WinCE or Linux, given WinCE's cost the answer was obvious. Suggesting that GPH should have developed an OS from the ground up is fairly ridiculous. Judging from how long it's taking them to get firmware patches out the door the amount of time it would have taken them to develop a full fledged OS would have delayed the GP2X for a very long time.
"stinch" said:That's not how it is. Only the copyright holder can allow code to be released as gpl. If some third party (GPH) incorporates someone else's proprietary code into a GPL licensed program and distributes the binaries then that third party (GPH) have broken the terms of the GPL."haplo" said:if they added proprietary code the the kernel the answer is not "they can't release it under the gpl" and answer acording to the license which they implicitly agreed to by using the kernel and shipping it is that that code is now also licensed under the GPL. Thats how it reads thats how it is.
The only way proprietary code incorporated into a GPL program can become GPLed is if the binaries are distributed by the copyright holder of the proprietary code or by a third party that has the copyright holders permission to release the incorporated code as GPL.
Incorporating code into a GPL program and distributing the binaries does not trump the copyright holders rights.
Stinch is absolutely correct. GPH cannot “give” code to the GPL that GPH does not own, and in practice I do not believe any company has ever been forced to give up their proprietary code even if they mixed it in with GPL'd code. What has historically happened is the offending company, GPH in this case, is forced to stop the infringement, usually through a court order. The company then works out the problem, in this case that would mean making sure that no “proprietary” code is mixed in the GPL'd code, making the source code available to those who have been given binaries, and lastly by including a copy of the GPL licensee with the GP2X.
Linksys/Cisco didn't go bankrupt when they had to release their GPL-tainted code. Nobody buys the lower quality knock offs.
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