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FYI: UnitedLinux "certified binaries" will not to be freely available

	Ransom Love (CEO of Caldera) was interviewed on Slashdot today
about UnitedLinux.  Among other questions, he was asked whether
UnitedLinux binaries would be freely available.  He said no (entire
response quoted below).  If he's talking about CD images, then they
might be able to claim a compilation copyright.  Certainly they can
restrict copying on bits that they wrote themselves.  If he's talking
about individual GPLed packages though, I think there may be a legal
problem here.  The issue is whether the following clause from the GPL
applies to binaries based on GPLed sources.  It would seem that way to
me, but IANAL...

>  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.

				Bill Bogstad
				bogstad at

3) Source and binary distributions
by RGRistroph 

There has been some confusion on your statement in the UL
teleconference to the effect that while source code would be available
to meet the requirements of the GPL, "binaries would not be freely
available." Could you clarify what that means? Is it possible that UL
will distribute only source, or only distribute source and binaries to
it's member companies? (Who will then be responsible for making sure
they meet the license requirements on software which is in their
distributions?) Surely UL or it's members don't intend to distribute
binaries compiled from GPL code and assert the recipient can't
re-distribute them?


The binaries that are certified by the major ISVs and OEMs will not be
made freely available for distribution by anyone. This is to limit the
support liability for these companies and to ensure a high quality,
consistent product around the world for support purposes. The
UnitedLinux product produced is not just a binary, but 12-months of
maintenance. That maintenance is for a single system and therefore has
limited distribution.  The source code for the server will be made
freely available for all in compliance with all of the Open Source

There will be programs for developers who need access to the binaries
and they will include options for ongoing updates and patches to
ensure continued certification compliance. Our desire is to make
UnitedLinux easily available for serious developers, and give them
means to make the development process easier.

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