[olug] Barracuda violating GPL & Doctrine of First Sale?

[Will Langford]

On Sat, Jun 7, 2008 at 5:54 PM, OBrien, Timothy <IrishMASMS at olug.org> wrote:
>
> Barracuda Sneakwrap has a Nasty Bite
> http://www.gripe2ed.com/scoop/story/2008/6/3/0529/41400
>
> Interesting read on a product that is built on GPL software - according to
> Barracuda's ToS, you will not get support for second hand purchased
> equipment. From the article & threads, it is noted that this is possibly a
> violation of the GPL & Doctrine of First Sale?

The company is not allowed to seek damages according to DOFS.  It does
NOT require the company to continue supporting the product.  Annnddd..
if the software is leased/rented, then DOFS doesn't apply anyway.
But, that all depends on the EULA, and how you currently look at the
confused judicial system regarding what software is, etc.

As far as a violation of GPL, speaking of out of my ass, I don't
particularly see this as a violation.  If they don't supply source,
diffs, etc, then... maybe. And I can't quite recall the wording in
relation to programs that interact (read: NOT dynamically linked to)
GPL software... if it's viral similar to dynamic linking or not.  I'd
imagine not.

Too often people will take the face value of something and attempt to
extend it (for good or bad).  DOFS protects a reseller from being
abused by the producer seeking copyright damages and similar.  It does
not mean that the second hand owner has the full rights and privileges
of the contract entered into by the original owner.

The GPL requires source distribution and modification publication.
It's also viral in that other software dynamically linked to it is
required to be GPL as well (hence LGPL thank God).  You can also
charge for the means by which you distribute it or support it.  You
can easily bundle non-GPL software with GPL software and charge extra
for the non-GPL software.

In short, I think this company has taken it's open source based
business model a bit too far and is going to end up losing customers
instead of gaining them.

-Will