Restriction on distribution by Novell?

[Wilson, Andrew]

Matthew Flaschen wrote: 

> Wilson, Andrew wrote:
>
>> No, not under GPLv2.  Novell's obligation to provide sources extends
>> only to those who obtain a copy of the binary from Novell.
>> GPLv3 may change this.
>
> It seems to me that 3b, which says "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" [emphasis added by me] does

> not make this distinction.  Am I missing something elsewhere in the
GPL?

The written offer must be provided to distributees of Novell.
Distributees may choose to exercise the offer on behalf of a 3rd party,
but again, Novell is only required to provide said offer to their
distributees.
Subtle distinction, eh?  As noted, the GPLv3 draft expands licensors'
obligation to provide sources to just about anyone who asks.

Andy Wilson
Intel