Darwin server license

Ben Tilly btilly at gmail.com
Tue Apr 8 16:45:39 UTC 2008

On Tue, Apr 8, 2008 at 9:21 AM, Chuck Swiger <chuck at codefab.com> wrote:
> On Apr 8, 2008, at 12:33 AM, Mahesh Govind wrote:
> > One more doubt is  , Can I link the a library made from Darwin source code
> , with my application
> > code and release only the darwin source code, Keeping my code proprietary.
> >
>  This is answered in the APSL:
>  "(c) If You Externally Deploy Your Modifications, You must make Source Code
> of all Your Externally Deployed Modifications either available to those to
> whom You have Externally Deployed Your Modifications, or publicly available.
> Source Code of Your Externally Deployed Modifications must be released under
> the terms set forth in this License, including the license grants set forth
> in Section 3 below, for as long as you Externally Deploy the Covered Code or
> twelve (12) months from the date of initial External Deployment, whichever
> is longer. You should preferably distribute the Source Code of Your
> Externally Deployed Modifications electronically (e.g. download from a web
> site)."
>  (In other words, nope.)

That depends on whether the code that links to the library is a
modification of that library or not.  Which I understand to be a very
complex question about which there is very little clear jurisprudence.

Certainly no is the safe answer.  But it might not be the _final_
answer.  For example if you dynamically link, are you creating
something that is independent under copyright law?  For example
suppose you wrap the code up in a web service then have another
program call the web service, is that OK?

There are a lot of ways to try to finesse the point.  Certainly you
can find solutions that *might* stand up in a court.  But before you
go with any of those solutions, you'll need to get legal advice from a
competent lawyer.


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