Viral licenses (was: wxWindows library...)

Arnoud Engelfriet galactus at stack.nl
Sat Dec 13 09:58:39 UTC 2003


amado.alves wrote:
> <<
> > I sense there are two senses to this word "viral". I'm really
> > interested in this so I'll appreciate any input. One sense is the GPL is
> > viral because it spreads itself over derivatives i.e. forces derivatives
> > to be distributed under GPL (if distributed at all, that is subsumed).*
> > Is there another sense, perhaps more 'legal'? Thanks a lot.
> 
> Ah but you see, the GPL does not FORCE itself.
> >>
> 
> Sorry, I still think "GPL forces itself upon distributed derivatives" is a
> true sentence.

If you distribute a work that is a derivative of GPL-licensed
code, and you do not comply with the GPL, you simply violate
the license. The copyright holder can then demand a) that you
comply with the license or b) that you stop distribution of
his code. The GPL would be "viral" if you could not choose
option b). 

> For me it is. Other words are: "infecting" (as 'bad' as viral),
> "absorbing" (better), "reciprocating" (maybe the best).

The problem with "viral" and "infecting" is that they have
very strong negative connotations, and create an image that
GPL-licensed code is just as bad as a virus that wipes your
harddisk. It also creates the impression that any code on
the same harddisk will somehow automatically "become" GPL-
licensed.

It is true that you have to be quite careful when importing
GPL-licensed code in your project. But this is no different
from other third party code; you have to study the license,
figure out the implications and deal with them. If you take
proprietary code from some vendor, you sometimes also get
very problematic conditions imposed upon you.

The main problem with the GPL is that it is not very clearly
written (if you're a lawyer) and the copyright holder(s) are
typically not available to answer detailed questions. Often
it is practically impossible to track down all copyright holders
to get clarification or an exception for your usage.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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