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I apologize for my tone, and I think we're in agreement. "Patently false" is a bit extreme, but we seem to agree that it's possible to comply with the GPLv2 wit
by callahad 14y ago
I apologize for my tone, and I think we're in agreement. "Patently false" is a bit extreme, but we seem to agree that it's possible to comply with the GPLv2 without being required to distribute source to anyone that asks. That's section 3(a): include source alongside the object code. If the Tesla cars come with a CD-ROM or a USB stick containing the source, then they're in compliance.
I mention mail order because, oddly, the GPLv2 actually requires that you provide source via postal mail to people if you're opting to comply under 3(b). That subsection states that in response to a written offer, you must provide source "on a medium customarily used for software interchange." That's interpreted by the FSF's GPL FAQ as "if any [third party] would rather get the source on physical media by mail, you are required to provide that" [0].
There's an additional entry in the FAQ [1] specifically covering the definition of third parties for GPLv2: "If you choose to provide source through a written offer, then anybody who requests the source from you is entitled to receive it."
So written-offer-for-source appears to be the exceptional case for GPLv2: you have to provide it on physical media, and to anyone that asks. But if you choose to distribute source alongside the binaries, per section 3(a), then you're free from that obligation.
Given that GPLv3's section 6(b) intentionally constrained this to only people who possess the object code, it feels like the universality of v2's section 3(b) is a bit of a fluke, and not representative of the goals of the GPL. Thus, in responding to your claim that "you must make the source available to anyone that requests it. Not only to your customers." I'd argue that the GPLv2 clearly and explicitly allows you to only make source available to your customers, if you comply with 3(a).
[0]: https://www.gnu.org/licenses/gpl-faq#DistributeWithSourceOnInternet https://www.gnu.org/licenses/gpl-faq#DistributeWithSourceOnI...
[1]: https://www.gnu.org/licenses/gpl-faq#WhatDoesWrittenOfferValid https://www.gnu.org/licenses/gpl-faq#WhatDoesWrittenOfferVal...