HTC response 4

from	HTC <[email protected]>
to	[email protected]
date	Mon, Mar 28, 2011 at 5:14 PM
subject	Regarding your message (11USCW13ENA002296)
mailed-by	htc.com
hide details 5:14 PM (49 minutes ago)
Dear Bobbie Kennett,

I have located the GPL version 2 here: http://www.gnu.org/licenses/gpl-2.0.html

What I beleive that you are refferencing is Section 3, Subpart A of the Terms and Conditions of the GPL version 2 license. This states that one of the options when distributing a Program is to include a copy of the Source code. I.E. to include a copy of the source code with "the complete corresponding machine-readable source code" e.g. phone.

HTC has chosen instead to go with option (Subpart) B of Section 3. This states that we can "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."

This again, does not include any terms or conditions that require us to immediately release the source code. It clearly indicates the that the offer must be valid for up to three years and that we must "give" a copy to "any third party." It does not say that the source code must be given immediately upon request from said third party.

Section 3 of the Terms and Condtions also states that "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 is again the method that we are chosing to supply the source code in. This part of the license clearly states that this distribution can be "made." HTC is currently in the process of making said distribution; that is to say writing and formating the source code (kernal) in such a way as to make it readily and easily (as is a requirement of the license) accessible from our developer website.
We are not choosing to not supply you with the source code. We are simply unable to provide it to you at this time as it is not currently in an easily accessible format.

If you beleive that the GPL entitles you to receive the source code immediately upon request, as opposed to the first available oportunity at the best of our abilities, please provide a quotation of the actual license that states that the source code must be provided immediately upon request and not just "given."


To send a reply to this message or let me know I have successfully answered your question log in to our ContactUs site using your email address and your ticket number 11USCW13ENA002296.

Sincerely,

Jeffery

HTC