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Old 01-06-2009, 04:51 PM
Kobaz
Hill Giant
 
Join Date: Nov 2008
Location: Gold Coast, Oz
Posts: 119
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I do know the GPL very well, and Andrew80k is spot on - if there is no distribution of the binaries there is no obligation to make the source available.

There is another issue though, in that if a commercial entity makes a profit using the commercial secrets of another entity's trade secrets, and does it by circumventing that 2nd entity's endeavours to protect its' trade secrets, and it can be shown that this was done in bad faith, then there *may* be a case for the 2nd entity to take action against the 1st entity. Attempting to make money from something that relies on SOEs property being used outside the license (unlike say alla, which doesn't require you to have EQ to use it) is bold and legally a grey area.

I would think that any attempt to claim damages for distribution of emu source would result in a claim by SOE for a share in those damages. It's what I'd do.