Date: Sun, 16 Apr 1995 20:16:09 -0400 (EDT)
From: Ken Bowen <ken AT jarrett DOT als DOT com>
Subject: Re: Possible FAQ: Distributing djgpp (or any other large package)
To: DJGPP AT SUN DOT SOE DOT CLARKSON DOT EDU

Both the GNU GENERAL PUBLIC LICENSE and the GNU LIBRARY GENERAL PUBLIC LICENSE
contain provisions that are much more flexible than seems to be appreciated:
-----------------------
GNU GENERAL PUBLIC LICENSE
  ....
  3. You may copy and distribute the Program (or a portion or derivative of
it, under Paragraph 2) in object code or executable form under the terms of
Paragraphs 1 and 2 above provided that you also do one of the following:
    a)....
    b) accompany it with a written offer, valid for at least three
    years, to give any third party free (except for a nominal charge
    for the cost of distribution) a complete machine-readable copy of the
    corresponding source code, to be distributed under the terms of
    Paragraphs 1 and 2 above; or,
    ....

GNU LIBRARY GENERAL PUBLIC LICENSE
  ....
  6. As an exception to the Sections above, you may also compile or
link a "work that uses the Library" with the Library to produce a
work containing portions of the Library, and distribute that work
under terms of your choice, provided that the terms permit
modification of the work for the customer's own use and reverse
engineering for debugging such modifications.

  You must give prominent notice with each copy of the work that the
Library is used in it and that the Library and its use are covered by
this License.  You must supply a copy of this License.  If the work
during execution displays copyright notices, you must include the
copyright notice for the Library among them, as well as a reference
directing the user to the copy of this License.  Also, you must do one
of these things:
    ....
    b) Accompany the work with a written offer, valid for at
    least three years, to give the same user the materials
    specified in Subsection 6a, above, for a charge no more
    than the cost of performing this distribution.
    ....
-----------------------
The essential point of the licenses is to ensure that no one can take any
act which would render any portion of what had previous been free software
proprietary or restricted.  Probably the great majority of persons using
GNU tools on any platform don't obtain the sources.  But the terms of the
license -- requiring __in principle__ distribution and availability of
sources -- maintains the proper legal protection of the software's freedom.

In the original 28 floppy setting (say, a university), it would seem that
keeping a master set which could be checked out or otherwise borrowed
by anyone wanting sources would be more than adequate under the license
terms.

Note that neither of the subsections 3b) above state that the act of
supplying the complete sources must be done on the same media on which 
the original transfer (presumably of some executables) took place.  

Note also that distribution by copying from a server does not necessarily
require that the sources be kept spinning on the server at all times. 
The last paragraph of Section 3 of the GNU GENERAL PUBLIC LICENSE states:

"If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code."

This does not state that copying from the designated place _must_ be
offerred, only that it _counts as_ distribution of source code.  And
nothing states that there must be instantaneous satisfaction of a desire
for someone to copy.  It appears within the terms of the license to, for
example, keep all the sources on tape, and whenever someone sends you
email, or phones, and states that they wish to copy sources under the
terms of the license, then you arrange that the sources will be mounted
withing a reasonable period (say 1-2 work days)  and remain available for 
a reasonable time period (perhaps 1-2 days).

|| Ken Bowen      Applied Logic Systems, Inc.         PO Box 180,     
||====            Voice:  +1 (617)965-9191            Newton Centre,
||                FAX:    +1 (617)965-1636            MA  02159  USA
                  Email:  ken AT als DOT com        WWW: http://www.als.com