Megamixman said:
If so, the situation you speak of is not GPL compliant, since you would be distributing it and by GPL would be required to host the source to the public as well. This is one thing that you guys really should make sure you're carefull of, because a lot of FOSS fanatics are going around pointing fingers. Any binaries you distribute with the Pandora or through some sort of official websit, that are under the GPL, need to have a source hosted and open to the public as well. Merely linking to the source is not enough.
That is total bullshitt, gpl only requires you to make the source available on request withing reasonable time.
Which i agree, but FSF fanatics are arguing that in this day and age instant is the only reasonable time for such source distribution. MEPIS is an example of a distro that has recently had problems with their definition of 'reasonable'.
There's nothing about "reasonable time" in the GPL. The only requirement is that the source is either provided with the software, or a written offer is provided, or that you provide a copy of the same valid offer you received. In all cases, the source must be in compilable form, on a medium customarily used for software interchange. For those who are disinclined to check for themselves, here's the relevant portions of the GPL.
QUOTE
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b ) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Note that this refers to the code which acts as the shim; since that is the only code which is actually part of the kernel/a derivative work of the kernel source. Since the actual driver code is not available except under NDA, it is not and cannot be covered by the GPL, due to the sections that say:
QUOTE
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
and
QUOTE
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
edit: note that this applies to GPLv2, because that's the version the kernel is licensed under. V3 may well have a "reasonable time" restriction (I haven't read it thoroughly), but this is not applicable to the Linux kernel or any work based on it, since the kernel explicitly specifies V2 as its conditions for distribution.