alt Hacker News> But then, the company has already, unquestionably, violated the GPL, and the company can be sued immediately.
You were right up to this point. Medical devices requiring a prescription must be obtained via specialized suppliers, like a pharmacy for hardware. These appliances are not sold directly to end users because they can be dangerous if misused. This includes even CPAP machines.
In theory, that written offer only needs to go to the device suppliers. Who almost universally have no interest in source code. When the device is transferred or resold to you, it need not be accompanied by the offer of source.
If that was true, anyone reselling an Android phone could open themselves up to legal liability. Imagine your average eBayer forgetting to include an Open Source Software Notice along with some fingerprint-encrusted phone.
Replies
> When the device is transferred or resold to you, it need not be accompanied by the offer of source.
This is false. The person transferring the device must either pass along the offer they received (GPLv2 clause 3(c), and only if performing non-commercial redistribution), or pass along the source code (GPLv2 clause 3(a)).
My Android phone does come with an explicit written offer of source. It's in Settings>About>Legal.
> In theory, that written offer only needs to go to the device suppliers.
The GPL clearly specifies recipients, it doesn’t say anything about suppliers.
> If that was true, anyone reselling an Android phone could open themselves up to legal liability.
That’s only an appeal to ridicule. If those are valid, here’s an opposing one:
If this is not true, then any company can violate the GPL all it likes just by funneling all its products through a second company, like a reseller.