Re: GPL FAQ(?)

From: Grant Edwards (grante_at_visi.com)
Date: 06/07/05 

Date: Tue, 07 Jun 2005 15:21:37 -0000

On 2005-06-07, Unruh <unruh-spam@physics.ubc.ca> wrote:

>>2. In the statement earlier I emphesized that YOU could not
>>create such a work. However, there is nothing preventing a 3rd
>>party from creating such a work as long as they do not
>>distribute it. So Make your source and the source to the
>>library both available to the end user and have them compile it
>>to form the final program. Your code can then be GPL and the
>>library can be under that separate license.
>
> No. That combined source code itself would be a work, released
> under some license. That license MUST be compatible both with
> the license under which its parts are released.

That depends on how the sources are "combined". If the OP puts
his source code in one directory and puts the other library's
soruce code, unchanged, in a different directory, and tars up
the result with instructions on how to build the library and
use the result to build the GPL'ed application, then that's
"mere aggregation" or whatever the FSF's phrase is. It's still
two separate works -- they're just being shipped in a single
container. The resulting binary is a combined work, and can't
be distributed.

> Now, if you released your work under the GPL and pointed the user to the
> code from the third party for the user to obtain with whatever agreement
> they wished between them and the third party that would almost certainly be
> OK.

They don't have to get the non-GPL source code from a third
party. It can be on the same CD or in the same tarball as the
GPL'd source code.

>>But as you can see, making the code GPL is probably out. And
>>with good reason. The GPL is viral. It wants all code
>>associated with it to be as free as it is.
>
>>So look to another direction that fits your needs.
>
> (Note that I am not a lawyer. for real legal advice consult a
> lawyer familiar with IP law, and familiar with the GPL.)

(The Same disclaimer applies to me.) 

-- 
Grant Edwards                   grante             Yow!  I've been WRITING
                                  at               to SOPHIA LOREN every 45
                               visi.com            MINUTES since JANUARY 1ST!!

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