[License-discuss] OSL and GPLv3

[Patrice-Emmanuel Schmitz]

Dear Antoine,
It seems related to the question: how far is your project (that would be
globally licensed under OSL) a derivative of the GPL-3.0 code, or not?
It is also related to your legal framework, in so far the various codes are
more or less closely linked.
The European legal framework considers that the normal and fair use of a
tool (like a library, according to its usage instructions, without
modifying the library source code) does not make resulting works
"derivatives" of the used tool.
In addition, it states (in my opinion) that linking different components,
for the sole and fair purpose of making these components interoperable, is
a copyright exception and cannot be restricted by the copyright owner. This
temperate a lot the theory of "strong copyleft" on this point. (Law lovers
will reed Recital 15 of *Directive 2009/24/EC
<https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009L0024&from=EN>*).

An alternative solution is the use of the EUPL-1.2 that is expressly
covered by the European legal framework and is expressly compatible with
both the OSL and the GPL-3.0
More on joinup.eu and in particular the recent JLA (joinup licensing
assistant)
https://joinup.ec.europa.eu/collection/eupl/joinup-licensing-assistant-jla .
Best regards,
Patrice


Le lun. 17 juin 2019 à 11:57, Antoine Thomas <antoine.thomas at prestashop.com>
a écrit :

> Hello,
>
> With our IP team, we have a few questions about compatibility between
> OSLv3 and GPLv3. We consider as acknowledged that it's not possible to
> distribute GPLv2 code in an OSLv3 project. However, what about the more
> recent GPLv3, considered to be more open?
>
> Of course, it's about using librairies and other dependencies in an open
> source project, and then ship it.
>
> So, there are two questions:
>
> 1/ Is it possible to ship GPLv3 code within an OSLv3 project installer?
>
> 2/ Is it possible to ship OSLv3 code within a GPLv3 project installer?
>
> What do you think? what is your experience? Is there some examples?
>
> Best regards,
>
> Antoine
>
> [image: PrestaShop]
> <https://www.prestashop.com/?utm_source=signature&utm_medium=e-mail&utm_campaign=emails-signatures>
>
> Antoine Thomas aka ttoine
>
> Developer Advocate
>
> t: +33 (0)6 63 13 79 06
>
> antoine.thomas at prestashop.com
>
>
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-- 
Patrice-Emmanuel Schmitz
pe.schmitz at googlemail.com
tel. + 32 478 50 40 65
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