[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: making a non-GPLed module



----- Original Message -----
From: <frodo@sharat.co.il>
Cc: "Linux-IL Mailing List" <linux-il@linux.org.il>


> OA>> If your binary that links against GPLed code (be it dynamic or
> OA>> static "linking") does anything interesting and useful w/o using
> OA>> the GPLed code (in your example - reading and composing mail),
> OA>> then it is _not_ a derived work of the GPLed code.
>
> On my experience (based on observing some conversations with
> Powers-That-Be in GPL)  it is not exactly what they think. The example
> pretty closely matches the case in question (no, it wasn't the mail
> client, but the relation between main program and GPL-related part was
> pretty close) and still it was alleged that the code in question doesn't
> agree with GPL. Direct quote:
>
> That you don't distribute binaries does not change the fact that your
> source code is designed to include <GPLed library> in the program. You
> cannot do that, <...> your license is incompatible with the GPL.
>
> Note: code itself has no GPLed part and is not distributing any GPLed bit.
> But the fact is is "designed to include" (meaning here "link against")
> GPLed software - makes it bad.

I do not think that the argument you describe will stand in a court of law.
on two cases that I know, that were on the way to the court house, the
parties eventually settled out side the court by the violating party
agreeing to distribute the non GLPed code seperatly. in both cases the
copyright owner of the code backed off after is was explictly stated by the
violator that the product in question is no longer in violation because it
does do something (even if it's a token effort) interesting and useful w/o
the GPLed code in question.
So this is the closest scenario that I am aware of to a court ruling, and
twice it was solved that way.

as another example, I'd give you the most obvious and used one - winamp
plugins. several plugins are distributed under the GPL, which does not make
NullSoft(AOL) in violation of the GPL,even though their software is designed
to use ("link" against) code that is GPLed.

Oded

--
If they wrote error messages in Haiku ?
  wind catches lily
  scatt'ring petals to the wind:
  segmentation fault




=================================================================
To unsubscribe, send mail to linux-il-request@linux.org.il with
the word "unsubscribe" in the message body, e.g., run the command
echo unsubscribe | mail linux-il-request@linux.org.il