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Re: Binaries under GPL(2)



26-Nov-03 20:01 Don Armstrong wrote:
> On Thu, 27 Nov 2003, Alexander Cherepanov wrote:
>> You mean that section 3 should really be read as "If you ... you must
>> ..." instead of "You may ... provided that ..." and must be complied
>> with irrespective of section 2?

> If you are distributing an executable or object code, that
> distribution is subject to Section 3. No other section of the GPL
> gives you rights to distribute executable or object code.

Ok.

>> Section 3 contains "a special exception" which is a permission for
>> "incorportating things that cannot be licensed under the GPL." Yes,
>> it's only applicable to distributing object or executable code.

> I'm assuming you're talking about this exception:

>    However, as a special exception, the source code distributed need
>    not include anything that is normally distributed (in either source
>    or binary form) with the major components (compiler, kernel, and so
>    on) of the operating system on which the executable runs, unless
>    that component itself accompanies the executable.

> This only applies to major OS components, and doesn't have anything to
> do with incorporating things that cannot be licensed under the GPL. It
> just means that those major components (and only those major
> components) don't have to be licensed under the GPL in order for the
> binary to be distributed.

Erm... you mean, without this exception compiler itself must be placed
under GPL? IMHO it clearly talks about _parts_ of major OS components
(say, libraries) which can be incorporated into the binary without
being under GPL.

In any case the argument was to show that Section 3 is useful even if
Section 2 permits distribution of binaries. Then I found a flaw in
it. And after that I found that it was already described ;-( in
http://lists.debian.org/debian-legal/2002/debian-legal-200212/msg00194.html
by Richard Braakman:

  The exception in the definition of "source code" only relaxes part of
  the additional requirement to accompany it with source code; it doesn't
  help if you are unable to distribute "the Program in executable form"
  "under the terms of Sections 1 and 2" in the first place.

Sasha





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