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#use wml::debian::template title="License Information for CD vendors"
#use wml::debian::translation-check translation="4f31f115eea41bd4c733329d18c4bb1561ffdcc0" maintainer="galaxico"
# Source thread: https://lists.debian.org/debian-legal-0207/msg00192.html
<p>Since the Debian system consists of a lot software which is
licensed under the <a href="https://www.gnu.org/copyleft/gpl.html">GNU
General Public License</a> any distributor has to ensure the license
is not infringed. If you are distributing Debian or parts of it in
compiled (binary) form, please read the explanations and the advice
below.</p>
<p><strong> Because copyright law varies around the world, the Debian
Project cannot provide legal advice. Contact a local attorney for
clarification about your legal obligations when you distribute Debian.
</strong></p>
<p>Distributing software which is licensed under the GNU GPL in object
code or executable form, either as CD image through the Internet or as
pressed or burned CD, requires the distributor (commercial or
non-commercial) to
inform the person, who receives the binary form,
how to obtain the source code of the software. The source code has to
be provided to the user for a period of at least three years.
Pointing them only to an FTP server from a third party (i.e. the
Debian project) is not sufficient!</p>
<p>Quoting and interpreting the GPL:</p>
<p>3. <em>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:</em></p>
<p>a) <em>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;</em></p>
<p>The distributor provides a copy of the complete and corresponding
source as well as the binary form. If customers are downloading the
binary from some archive on the Internet, then adding the source in
the same archive is good enough; the distributor doesn't have to force
the user to download it.</p>
<div class="center">OR</div>
<p>b) <em>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;</em></p>
<p>The distributor has to give the customer a written offer to
provide the complete and corresponding source to anyone (not merely
ones own customers) at a later date for a period of at least three
years. The distributor may charge a regular fee for creating and
distributing the source CDs, though. Simply pointing to a third party
(e.g. another company that sells source CDs or the Debian archive) is
not sufficient. If there's no written offer, the source has to be
provided up front.</p>
<div class="center">OR</div>
<p>c) <em>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.)</em></p>
<p>If the distributor is a non-commercial organization, and if it has
received the binaries with an offer like in paragraph b) above, then the
distributor can merely pass on that offer.</p>
<h3>Suggested Course of Action</h3>
<p>Any entity that distributes binary Debian CDs or CD images (or even
binary packages through a different medium, through the Internet, for
example) has to provide the complete and corresponding source code to
all software packages that are released under the Terms of the GNU
GPL.</p>
<p>If no source CDs are provided regularly, one way to fulfill
this requirement is to burn a CD containing the corresponding source
archives and store it in a shelf. In addition, the distributor
is required to add a written offer valid for at least three years to
the binary distribution, telling the customer that the
complete and corresponding source will be provided on demand.</p>
<p>The easiest way, however, is to distribute both binary and source
CDs at the same time and at the same price. Since CDs are quite cheap
these days, this will only slightly increase the price.
<h3>Additional Explanation</h3>
<p>Pointing to a third party FTP server is not sufficient because of
two issues:</p>
<ul>
<li> The customer's claim for the complete and corresponding source is
against the distributor, not against any third party, simply
because the customer received the binary distribution from the
distributor and not from a third party.
<li> When the third party that was pointed to updates or removes a
source package on their server or source CDs, the customer is not
able to receive the corresponding source package from there
anymore.
</ul>
<p>When a source package (released using the GNU GPL) is distributed
or modified and distributed afterwards, one should always place the
source code next to it or store it somewhere else at least. If a
customer or user is requesting the source code at any later time, it
should be possible to provide the corresponding source code.</p>
<p>The <a href="https://www.fsf.org/">Free Software Foundation</a>
maintains a list of frequently asked questions and answers (FAQ) that
may be able to add further explanations the above:</p>
<ol>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#DoesTheGPLRequireAvailabilityToPublic">\
If I distribute GPL'd software for a fee, am I required to also
make it available to the public without a charge?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#GPLCommercially">\
If I use a piece of software that has been obtained under the GNU
GPL, am I allowed to modify the original code into a new program,
then distribute and sell that new program commercially?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#DistributeWithSourceOnInternet">\
I want to distribute binaries without accompanying sources. Can I
provide source code by FTP instead of by mail order?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#SourceAndBinaryOnDifferentSites">\
Can I put the binaries on my Internet server and put the source
on a different Internet site?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#DistributeExtendedBinary">\
I want to distribute an extended version of a GPL-covered program
in binary form. Is it enough to distribute the source for the
original version?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#DistributingSourceIsInconvenient">\
I want to distribute binaries, but distributing complete source
is inconvenient. Is it ok if I give users the diffs from the
"standard" version along with the binaries?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#AnonFTPAndSendSources">\
I want to make binaries available for anonymous FTP, but send
sources only to people who order them.</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#HowCanIMakeSureEachDownloadGetsSource">\
How can I make sure each user who downloads the binaries also
gets the source?</a>
<li> <a href="https://www.gnu.org/licenses/gpl-faq#CompanyGPLCostsMoney">\
I just found out that a company has a copy of a GPL'ed program,
and it costs money to get it. Aren't they violating the GPL by
not making it available on the Internet?</a>
</ol>
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