GPL and closed source
Mahesh T. Pai
paivakil at gmail.com
Mon Jun 6 15:44:43 UTC 2011
David Woolley said on Sat, Jun 04, 2011 at 11:07:03AM +0100,:
> Generally Y has granted a royalty free redistribution right under
> conditions like: no-reverse engineering, no access to raw
> interfaces, and no source code to be provided.
Does it make difference if the other library / dll is under an OSS, but GPL incompatible license?
> With the standard GPL, the complete program has to be redistributed
> under conditions that completely contradict these, so the permission
> to to copy the GPLed component is void for the purposes of
> redistributing with Y's code, because the result would contravene at
> least one of Y's or X's conditions (X requires that Y's source code
> be made available under terms at least as liberal as the GPL, Y
> requires that it should not be made available under any condition).
Oh. SIgh. I was thinking that we are discussing use; at least, I was
thinking of using; and not distributing.
> However, if X is allowed to and exempts Y's code from the GPL's
> required permissions relating to X's code, there is no longer a
> conflict in terms of the provision of source etc., although there
> may still be a conflict in terms of the exposure of interfaces.
> The exemption is to a condition imposed by the use of X's code, not
> to anything that is imposed by Y, so is not using any rights that
> are exclusive to Y.
> Where derived works come in is that, if it should be ruled that the
> complete program is not a derived work of X's work, and you accept
> the bare copyright theory, then the clause in the GPL requiring the
> whole program to be distributed on the GPL terms is void.
Again, my bad. I was discussing two independent works in which
copyright subsists, one a program, and other a library which profides
some functionality to that program.
> I sense that Mahesh and I will never reach a consensus on this, so I
> think that Dale will just, as a minimum, have to take away the view
> that the legal position is not actually at all clear.
Mahesh T. Pai ||
Learn from the mistakes of others.
You won't live long enough to make all of them yourself.
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