From: fink@et.msc.edu (Paul Fink) Crossposted-To: gnu.misc.discuss,comp.unix.bsd Subject: distributing linux on floppies Date: 7 Oct 92 16:44:02 GMT I think it might be more appropriate for linux distribution to be done by a user group rather than a for profit company. The only user group I belonged to was a Mac group back when Macs were new. and part of its function was distribution of PD software on floppies. If we could get a Linux user group going in a community with sufficient resources they could handle making a set of master floppies and arranging for bulk copying. I have not heard of any Linux groups but I would be glad to help organize one. Paul
From: terry@cs.weber.edu (A Wizard of Earth C) Crossposted-To: gnu.misc.discuss,comp.unix.bsd Subject: Re: distributing linux on floppies Date: 8 Oct 92 20:05:27 GMT Reply-To: terry@icarus.weber.edu In article < 1992Oct7.164402.29427@uc.msc.edu> fink@et.msc.edu (Paul Fink) writes: > >I think it might be more appropriate for linux distribution to be done >by a user group rather than a for profit company. Not only appropriate, but the only possible mechanism, short of self distribution over a network. From the GPL: "1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this General Public License and to the absence of any warranty; and give any other recipients of the Program a copy of this General Public License along with the Program. You may charge a fee for the physical act of transferring a copy." In particular, the last sentence, "You may charge a fee for the physical act of transferring a copy" prevents centralized distribution; this is because only the distributor may make money; no money may be made from at the retail outlet, unless the retail outlet provides direct support or copy production facilities. The only other alternative is that the company producing the copies pays the retailer per copy sold. This is illegal in the US, and, I suspect, elsewhere (it's called a "kickback"). Thus we require technically skilled retailers (ha ha, it is to laugh, it is to make fun of) or legalization of kickbacks. A change in the GPL from "a fee" to "fees" and "the physical act of transferring" to "providing" would fix that by allowing a markup at a distributor and again at a retail outlet. Until then, you aren't going to see things under GPL in retail outlets except as a "free addon" to other packages, such as is currently done with the GNU compilers. The inability of Ingram Micro-D or Softsell or Egghead Software to produce something which the retailer can mark up will keep GPL "protected" software from becoming commodity. The inability of "Joe Schmoe Software" to provide a pallatte of boxed software which they will support will keep distributors (like Ingram and company) from distributing it, and lack of ability to make money on a prepackaged product will keep "Joe Retailer" from selling it, unless "Joe Retailer" is also "Joe Consulting". This is my main problem with GPL (there are others which I've stated before) and the one I think will prevent full packages which can't be incorporated as part of another package from being sold retail, which is currently the only way to reach the large scale distribution necessary to make the GPL software anything other than a hacker/academic curiosity. My 4 cents. Terry Lambert terry@icarus.weber.edu terry_lambert@novell.com --- Any opinions in this posting are my own and not those of my present or previous employers. -- =============================================================================== "I have an 8 user poetic license" - me Get the 386bsd FAQ from agate.berkeley.edu:/pub/386BSD/386bsd-0.1/unofficial ===============================================================================
From: eric@tantalus.nrl.navy.mil (Eric Youngdale) Crossposted-To: gnu.misc.discuss,comp.unix.bsd Subject: Re: distributing linux on floppies Date: 8 Oct 92 20:45:54 GMT In article <1992Oct8.200527.1567@fcom.cc.utah.edu> terry@icarus.weber.edu writes: >In article <1992Oct7.164402.29427@uc.msc.edu> fink@et.msc.edu (Paul Fink) writes: >> >>I think it might be more appropriate for linux distribution to be done >>by a user group rather than a for profit company. > >Not only appropriate, but the only possible mechanism, short of self >distribution over a network. From the GPL: > > "1. You may copy and distribute verbatim copies of the Program's source > code as you receive it, in any medium, provided that you conspicuously and > appropriately publish on each copy an appropriate copyright notice and > disclaimer of warranty; keep intact all the notices that refer to this > General Public License and to the absence of any warranty; and give any > other recipients of the Program a copy of this General Public License > along with the Program. You may charge a fee for the physical act of > transferring a copy." > >In particular, the last sentence, "You may charge a fee for the physical >act of transferring a copy" prevents centralized distribution; this is >because only the distributor may make money; no money may be made from >at the retail outlet, unless the retail outlet provides direct support >or copy production facilities. The only other alternative is that the That clause only applies to source code. Section 3 applies to binaries: *********************************************** 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) 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; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) *********************************************** A linux/gnu shrink-wrapped distribution could consist of a box with the binary distribution on floppies in it, a manual, a pair of 3d glasses, and information about how to order the source code diskettes. The charge for the source code diskettes would be limited to just the usual media charges, but you could charge anything you want for the shrink-wrapped box itself. Note that someone else could copy your disks and sell them themselves, and this would be perfectly legal (as long as they also made the source code available). -Eric -- Eric Youngdale
From: edguer@ces.cwru.edu (Aydin Edguer) Crossposted-To: gnu.misc.discuss,comp.unix.bsd Subject: Re: distributing linux on floppies Date: 8 Oct 1992 21:06:29 GMT In article < 1992Oct8.200527.1567@fcom.cc.utah.edu> terry@icarus.weber.edu writes: >In particular, the last sentence, "You may charge a fee for the physical >act of transferring a copy" prevents centralized distribution; this is >because only the distributor may make money; no money may be made from >at the retail outlet, unless the retail outlet provides direct support >or copy production facilities. The only other alternative is that the >company producing the copies pays the retailer per copy sold. This is >illegal in the US, and, I suspect, elsewhere (it's called a "kickback"). Excuse me, but where do you get your interpretation from? When the distributer sells a copy of software covered by the GPL to a retailer, they are transferring a copy. When the retailer sells a copy of software covered by the GPL to a customer, they are transferring a copy. Money can be made from the sale and distribution of software covered by the GPL. The important thing a distributor and retailer must keep in mind is that they must distribute the source code, or provide a method of obtaining the source code for up to three years, and that they cannot limit the redistribution of the software. If a local user group wants to purchase a copy of the distribution and sell duplicates for less than the retailer or distributor, the retailer or distributor may not stop them from competing. Aydin Edguer Lost as usual
Crossposted-To: gnu.misc.discuss,comp.unix.bsd From: terry@cs.weber.edu (A Wizard of Earth C) Subject: Re: distributing linux on floppies Date: Fri, 9 Oct 92 00:16:07 GMT In article <1b27slINNj2f@usenet.INS.CWRU.Edu> edguer@ces.cwru.edu (Aydin Edguer) writes: >In article <1992Oct8.200527.1567@fcom.cc.utah.edu> terry@icarus.weber.edu writes: >>In particular, the last sentence, "You may charge a fee for the physical >>act of transferring a copy" prevents centralized distribution; this is >>because only the distributor may make money; no money may be made from >>at the retail outlet, unless the retail outlet provides direct support >>or copy production facilities. The only other alternative is that the >>company producing the copies pays the retailer per copy sold. This is >>illegal in the US, and, I suspect, elsewhere (it's called a "kickback"). > >Excuse me, but where do you get your interpretation from? By choosing a definition of "transfer" which does not equate to a change in posession or ownership. The interpretation is too subjective. In addition, there is a difference between one fee and several fees. >When the distributer sells a copy of software covered by the GPL to a >retailer, they are transferring a copy. When the retailer sells a copy >of software covered by the GPL to a customer, they are transferring a >copy. Money can be made from the sale and distribution of software >covered by the GPL. *Not* the sale; *only* the distribution, and *only* for a single markup from origin (Ie: use of a multimarkup distribution channel is *not* allowed, in that it involves more than one fee). There is, of course, the alternative of each person in the chain bieng a source code guarantor, but it is unlikely that a retail store will go for this. The *only* way to sell software you don't hold title to is to mark it up or add value... GPL eliminates the middleman, or at least the profit motive which causes a middleman to be involved. The result is no access to existing distribution channels. >The important thing a distributor and retailer must keep in mind is that >they must distribute the source code, or provide a method of obtaining >the source code for up to three years, and that they cannot limit the >redistribution of the software. Which requires an escrow arrangement, because many dealers can not guarantee they will be in business or under the same management in 3 years. A dealer is pretty stupid if he buys into this, for obvious reasons. >If a local user group wants to purchase a copy of the distribution and sell >duplicates for less than the retailer or distributor, the retailer or >distributor may not stop them from competing. Barring the fact that I hold a copyright on the "3d glasses" and related materials, and that they can *only* distribute the software itself, this is yet another reason a dealer and distributor wouldn't carry GPL'ed software: No margin after a user group member buys the first copy. What is a distributor or dealers incentive for carring a product he's going to sell one copy of, and that will compete with products the dealer and distributor will make a reasonable margin on? Again, GPL software is cut off from normal distribution channels. Terry Lambert terry@icarus.weber.edu terry_lambert@novell.com --- Any opinions in this posting are my own and not those of my present or previous employers. -- =============================================================================== "I have an 8 user poetic license" - me Get the 386bsd FAQ from agate.berkeley.edu:/pub/386BSD/386bsd-0.1/unofficial ===============================================================================
From: eric@tantalus.nrl.navy.mil (Eric Youngdale) Crossposted-To: gnu.misc.discuss,comp.unix.bsd Subject: Re: distributing linux on floppies Date: 9 Oct 92 02:31:37 GMT In article < 1992Oct9.001607.7471@fcom.cc.utah.edu> terry@cs.weber.edu (A Wizard of Earth C) writes: >In article < 1b27slINNj2f@usenet.INS.CWRU.Edu> >edguer@ces.cwru.edu (Aydin Edguer) writes: >>In article < 1992Oct8.200527.1567@fcom.cc.utah.edu> terry@icarus.weber.edu writes: >>>In particular, the last sentence, "You may charge a fee for the physical >>>act of transferring a copy" prevents centralized distribution; this is >>>because only the distributor may make money; no money may be made from >>>at the retail outlet, unless the retail outlet provides direct support >>>or copy production facilities. The only other alternative is that the >>>company producing the copies pays the retailer per copy sold. This is >>>illegal in the US, and, I suspect, elsewhere (it's called a "kickback"). >> >>Excuse me, but where do you get your interpretation from? > >By choosing a definition of "transfer" which does not equate to a change >in posession or ownership. The interpretation is too subjective. In >addition, there is a difference between one fee and several fees. > >>When the distributer sells a copy of software covered by the GPL to a >>retailer, they are transferring a copy. When the retailer sells a copy >>of software covered by the GPL to a customer, they are transferring a >>copy. Money can be made from the sale and distribution of software >>covered by the GPL. > >*Not* the sale; *only* the distribution, and *only* for a single markup >from origin (Ie: use of a multimarkup distribution channel is *not* >allowed, in that it involves more than one fee). I do not see how you reach this conclusion. Could you please explain where it says that a multimarkup distribution channel is not allowed? If this were the case, then I could not load GPL software on a BBS that had a charge for connect time if the software had come from a tape that I had purchased, but it would be permissible if I had downloaded it via ftp (provided that I did not have to pay for the ftp connection). Also, I think you are still missing the distinction between distributing binaries and distributing source code. There is no language in section 3 that limits the markup or profit for binary distributions. You just have to make the source code available for a nominal distribution fee. Also, I see no reason that the retailer needs to worry about the source code distribution, since the person who puts together the binaries should be the responsible party. >Which requires an escrow arrangement, because many dealers can not guarantee >they will be in business or under the same management in 3 years. A dealer >is pretty stupid if he buys into this, for obvious reasons. If I were a dealer, I would take a more pragmatic approach. I would figure that if I went out of business, the users would be screwed, and there would not be a heck of a lot that anyone could do about it. What is the worst that could happen? Someone could sue a bankrupt company?? >Barring the fact that I hold a copyright on the "3d glasses" and related >materials, and that they can *only* distribute the software itself, this >is yet another reason a dealer and distributor wouldn't carry GPL'ed >software: No margin after a user group member buys the first copy. What The very same thing happens with copyrighted software. I have seen estimates that only 20% of software is actually paid for, and the rest is pirate copies. Everyone knows that it goes on, and nearly everyone does it. For example, have you noticed how many Lotus books there are in bookstores? Why would anyone who bought Lotus need an additional book? The other thing is that a nice manual will make it worth it for someone to buy the package even after they have the binaries, and this is something that you *do* have a copyright on. >is a distributor or dealers incentive for carring a product he's going >to sell one copy of, and that will compete with products the dealer and >distributor will make a reasonable margin on? Again, GPL software is >cut off from normal distribution channels. I think the main thing that cuts the GPL software out of normal channels is the fact that most distributors are unfamiliar with GPL types of licenses, and there are a lot of misconceptions about what GPL means, and what is allowed under GPL. -Eric -- Eric Youngdale