Embedded systems & OS/FS

[kmself at ix.netcom.com]

Trying to pick some brains before I get up on stage and make a fool of
myself again (Intel Developers Conference).

I'm told the audience will be a mix of both SW and HW developers, with
the HW folks doing a mix of embedded devices and chip/circuit designs.

Question I've got:  how does software licensing, free/OS or otherwise,
effect the hardware market.  My read is that some licenses, notably the
GNU L/GPL, may have their source availability requirements triggered by
the physical distribution of media (HW) on which the software is
embedded, etched, or otherwise fixed.

The primary statuatory provisions of copyright (in the US) are of the
reproduction, making derivative works, distributing, performing, and
displaying of copies.  The GPL specifically restricts itself to
"copying, distribution and modification" (section 0).

An instance in which this would matter:

   ACME Mfg. creates printers.  They incorporate GPLd code 'gnuprint'
   into their product 'acmeprint', creating a derived work
   'gnuacmeprint' of the two programs.  In distributing the printers to
   wholesalers and eventually customers, does ACME trigger the GNU GPL's
   source distribution and relicensing requirements?  To whom does the
   source obligation apply -- wholesalers, final customers, or both?

My read is that yes, ACME does.  The code to 'gnuacmeprint' must be
licensed under the GPL, and the terms of 3(a) or 3(b) of the GNU GPL
must be met.  I'm not sure that the wholesalers would have a solid claim
to code, the end customer certainly would.

Other takers?

-- 
Karsten M. Self <kmself at ix.netcom.com>     http://www.netcom.com/~kmself
 Evangelist, Opensales, Inc.                    http://www.opensales.org
  What part of "Gestalt" don't you understand?   Debian GNU/Linux rocks!
   http://gestalt-system.sourceforge.net/    K5: http://www.kuro5hin.org
GPG fingerprint: F932 8B25 5FDD 2528 D595 DC61 3847 889F 55F2 B9B0
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