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sbx320 | 6 years ago

I think the question is rather if Tesla is allowed to provide source for current version you have (therefore complying with the GPL), but also refuse to ship any further updates to you as well.

As you'd no longer receive the new binaries, you'd also no longer be entitled to the new sources per the GPL. This would leave Tesla with a large deterrent against people asking for sources.

discuss

heisenzombie|6 years ago

My guess is that imposing a punishment for exercising your right to the source code wouldn't hold up:

"You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License."

Also, once any person has the source code they explicitly have the right to distribute it. So even if the punishment was imposed, it would only apply to the first person (who could then e.g. upload it to GitHub for everyone else). Maybe someone with a written-off Tesla would do that?

xeromal|6 years ago

It's not really punishment. You're not guaranteed updates when you buy the car.

esotericn|6 years ago

They are still shipping the software to others, but the copyright on that software is owned by the contributors and developers of said software.

Consider the (artificial) case in which I start selling copies of Windows without a license. MS don't have to buy one of those copies in order to have a claim against me.

sbx320|6 years ago

Yes, Tesla would continue to be bound by the GPL for the new versions as well. However the GPL does not require you to offer the source to the public or any third parties at all that did not aquire the software legitimately. If I'd sell a custom Linux kernel to Microsoft, I'd not be required to give you the source for it, if you ask for it. Your Windows example doesn't really apply here, as Windows isn't GPL licensed.

The big question is whether punishing users by no longer providing any updates after asking for sources is a GPL violation in itself.

From the GPL FAQ [1]:

> If I distribute GPLed software for a fee, am I required to also make it available to the public without a charge?

> No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

[1] https://www.gnu.org/licenses/gpl-faq.en.html#DoesTheGPLRequi...