Approval of IWL - Consolidated Response

[Matthew Flaschen]

Gernot Heiser wrote:
>>>>>> On Wed, 11 Jun 2008 17:13:10 -0700, Bruce Perens <bruce at perens.com> said:
> BP> FYI, I wrote OSD #9 and agree that its language is intended to prohibit
> BP> the terms in your license section (c)(ii).
> 
> Ok, so please excuse my ignorance. If this is a problem for the IWL,
> why is it not a problem for the GPL?

First of all, which version of the GPL are you referring to, version 2 
(http://opensource.org/licenses/gpl-2.0.php) or version 3 
(http://opensource.org/licenses/gpl-3.0.html)?

Either way, this objection has no merit.

GPLv2 says, "Activities other than copying, distribution and 
modification are not covered by this License; they are outside its 
scope."  Note that using "accompanying software" has nothing to do with 
copying distribution, or modification of the Program, and is thus 
automatically outside scope.

GPLv2 also notes, "These requirements apply to the modified work as a 
whole. [...] Thus, it is not the intent of this section to claim rights 
or contest your rights to work written entirely by you; rather, the 
intent is to exercise the right to control the distribution of 
derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program 
with the Program (or with a work based on the Program) on a volume of a 
storage or distribution medium does not bring the other work under the 
scope of this License."

Accompanying software is neither part of the modified work as a whole, 
nor is it part of derivative or collective works based on the Program. 
It is simply mere aggregation, whether it uses the program or not.

GPLv3 defines, "
“The Program” refers to any copyrightable work licensed under this License.

[...]

A “covered work” means either the unmodified Program or a work based on 
the Program."

Note that accompanying software is not covered under either.  Now, given,

"A compilation of a covered work with other separate and independent 
works, which are not by their nature extensions of the covered work, and 
which are not combined with it such as to form a larger program, in or 
on a volume of a storage or distribution medium, is called an 
“aggregate” if the compilation and its resulting copyright are not used 
to limit the access or legal rights of the compilation's users beyond 
what the individual works permit."

you can see that accompanying software is not affected by the license in 
any way.

Matt Flaschen