wxWindows library license infected by GPL?

[Arnoud Engelfriet]

David Akdikmen wrote:
> We are wondering about the wxWindow license.  We like to develop a
> commercial application using this toolkit.  We are worried that the
> exceptions listed under the license will be voided by the viral effect of
> the GPL license.

You mean the exceptions listed at
http://www.opensource.org/licenses/wxwindows.php
I presume? 

According to that text, wxWindows is licensed under the Library
GPL with one exception. The exception is that you may use,
copy, link, modify and distribute under the user's own terms,
binary object code versions of works based on the Library. 
Normally you have to supply at least the source code of the
Library to those you distribute binaries to.

> Are the exception notice invalidated by the GPL?  So we would
> have to GPL the rest of our application if we use wxWindows in
> it?

If what you have received as 'wxWindows' is in fact the code
licensed under this license, you have nothing to do with
the GPL. Someone might have incorporated GPL-licensed code
in the work without telling anybody, in which case he has
violate the wxWindows license (see article 3). Such code
may not be distributed by anyone. 

I do not see how such an act could result in your code having
to be licensed under GPL. You may have to stop distributing
your application until you have replaced the offending code
though, but that's always a risk when using third party code.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3