[License-discuss] Reverse Engineering and Open Source Licenses

[Wiedemann, Claus-Peter]

> -----Ursprüngliche Nachricht-----
> Von: Ben Tilly [mailto:btilly at gmail.com]
> Gesendet: Donnerstag, 5. März 2015 03:51
> An: License Discuss
> Cc: ftf-legal at fsfeurope.org; karen.copenhaver at gmail.com;
> armijn at tjaldur.nl; Wiedemann, Claus-Peter; Schwegler, Robert
> Betreff: Re: [License-discuss] Reverse Engineering and Open Source Licenses
>
[...]
>
> The intended interpretation of the drafters is made clear at
> https://www.gnu.org/licenses/gpl-faq.html#LGPLStaticVsDynamic.  They
> distinguish by how the software is distributed.  If you distribute code that
> dynamically links to an LGPL library that is already present, you have not
> created a Combined Work.  On the other hand if you distribute the library
> you will dynamically link to with your code, you *have* created a Combined
> Work.  There is a grey area where you distribute both, but not at the same
> time.  My suspicion is that they would at that point distinguish based on
> whether or not you intend to link them.

I don't think it makes a difference wrt to the "Combined Work" aspect. The fact  that a "Combined Work" or better a "work that uses the Library" is created is independent from the  specific way of distribution. It does not matter if you distribute the library together with the program, or not. If the program needs it to run, it is a "work that uses the Library". Some people think they can "evade" the LGPL obligations for the program (e.g. permit reverse engineering) by not distributing the library. I don't think that works. The reason why the FAQ makes a distinction here is simple. If the library is already present on the user's computer, then one can assume that the user is already in possession of the corresponding source code (which must have been provided earlier together the library).  In this case there is no obligation to provide the source code again. In LGPL V2.1, this is made explicit in section 6e)
e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy.

Best regards
Claus-Peter (not a lawyer, either)

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