Providing Linux Distributions And Source Code?

Jens asks: "In my neighborhood I am the only one with a leased line and so I started burning Linux distributions, mostly current snapshots of the Debian GNU/Linux binary-i386 tree, on CD. I sell them for a small fee, and I sell about one to two CD sets a week. Now I realize that the GNU Public Licence permits this as long as I can guarantee that for at least three years after selling a CD I can provide a source distribution of the packages that were included on the CDs. As downloading costs money and time, mirroring an extra 3-4GB per needed snapshot is no option for me since I don't make any real money selling those snapshots. This is all very small-volume work and I do it for the fun of it and to provide people without Internet access with current Linux systems. But I'm wondering if there are other ways..." Read on...

"Some other points:

• Can I gamble on the fact that IF in three years time someone asks me for the source distro, I can just download a current source snapshot and send that one?
• Can I ask the customer that we agree on ignoring that respect of the GPL (which would be bad for ethics, but an option)? [I would expect (and sincerely hope) not, but it doesn't hurt to ask.]
• And finally, what would I have to expect if in two years time, someone would want the source from me and I couldn't provide it (for whatever reason)?

I did read the GPL, however I'm not that good at parsing legalese so please don't tell me to RTFLicence right away. Any help would be appreciated."

What I do...

[heliocentric]

I also find myself downloading the latest iso's and burning them out to CD for all the people in the office and around the neighborhood. What I do is I make a set of the binaries as well as the source for each set that I get, and I only use that set to make replications. I then sell replications to my friends at the usual $5, telling them that their $5 covers the cost of media for them, and the extra cost of the backup media so that if they need it again it will always be here. That way my friends are not limited to the stuff I want to download for myself and I would keep, but they can feel free to ask for whatever and they know that a few cents of every transaction pays for the needed CD racks to hold all the stuff. If someone loses, destroyes or for some other reason wants/needs more sets I just replicate from the NOT FOR USE set (I write NOT FOR USE all over the label of those). And I know that the sets will be around for as long as the CDRs will survive. I feel that getting the source for ever distro is necessary to keep myself GNU'd but it also a fun tool so that if I or someone else wants to muck around in it, it's handy. Think of it as an extra little bit of download and a few minutes of burn to ensure your GNU'd status and promote the open source education of yourself and others... who knows, you might not think of the source as good reading material now, but what if in a few years you really get going on it, and you are writing something that will mount drives off of the latest competitor to linux, and you want to check out how samba was done back in 2000 - back when there was a windows to use samba for............

Be an 'Agent'

[technos]

One option may be an 'as agent' form. It's a pretty standard regurgitation of legalese that says 'I am acting on the behalf of [x], and performing [x] action in his/her stead.'. You are then not bound by the GPL after the fact of handing over the disc. It's pretty much the same as loaning them your equipment and letting them copy it themselves.

Otherwise, just snag and master a single set of source discs. It shouldn't take that long. If anyone actually contacts you for source, let them know you'll make them a copy for media fee but that d/ling the source off the net will be faster for them and less painful for you. Everone's ass will be covered this way, and you won't have to drag the people you give/sell the discs to through signing a form..

There shouldn't be a problem.

[supine]

You certainly can't "agree to ignore" that clause of the GPL, but nor do I think you run into any difficulties if what you are providing is an unaltered, cost price, copy of a distribution that is available freely on the internet. Technically *you* are supposed to provide the source for a product you sell (ie. not rely on someone else's ftp server) but in this situation, offering to download it also would suffice.

Marty

Don't see the problem

[bockman]

mirroring an extra 3-4GB per needed snapshot is no option for me since I don't make any real money selling those snapshots

If you are mirroring the stable tree, changes in it are unfrequent.(only security updates, ASAIK, until a new release is made [about once per year] ). You only need to download the sources once, and keep them in case someone asks.

Anyhow, if you don't make changes to the source, nobody is going to bother you. Magazines annex distributions all the time, often without sources.

And if someone asks, Debian archives are still there. And if Debian shut down, you can download sources from the mainstream site.

Er, "sale" or "donation"?

[BitMan]

If you're like me, you restribute the CDs on a quality CD-R (e.g., I like Kodak replicator grade) with a nice label, ask $5 for it, and give out 2 freebies to new users for that 1 person that pays you. I only "ask" $5, but do not require it. As such, would that not be a "donation" and separate from the sale?

So I see it as this: I'm merely taking a donation and/or just trying to cover my costs (of which, I actually lose because at ~$1.66/each, the cost of the CD-R, label, color ink, printer, PC, etc... ends up being more). Again, I don't require people to pay for it either, but most people that are asking for their 2nd, 3rd+ CD feel they've already had their "free one" and spot my $5.

I also consider the distribution to be "local", kinda like if you were making copies for and to yourself. I just do it in my local LUG(s).

Lastly, I do download the source, just in case anyone wants it. It's available upon request. And maybe that is how you should approach it, "available upon request." Hmmm, need to read the GPL on that one.

-- Bryan "TheBS" Smith

service fee

[grammar nazi]

It sounds to me like you are performing a service. You are charging for the costs of downloading and burning CDs. I'm sure that you also do it for other software/files that you can't charge for.

I say that it is okay as long as you are charging for the service and not for the product. It probably would be safe to include a URI of the license and source with the CD so that the people who recieve them know where to look.

Finally, look at some of the sites that do the same thing, but over the internet. For example Linux mall [linuxmall.com] has $0.99 distros of SuSE and FreeBSD. See what they do.

a technical solution (not legal analysis)

[dutky]

Why don't you download and burn a CD (or a couple of CDs) of the sources for the distribution CD's you are currently selling? You would then have the source in your own posession for the required three years.

IANAL, but are you really responsible for providing the source code if all you are doing is burning exact copies of someone elses distro? Can't you just point anyone that comes to you for the source back to the original distributor?