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Re: Netatalk and OpenSSL licencing



Glenn Maynard wrote:

>In practice, there are some implicit boundaries that are generally
>agreed on in practice; for example, the kernel tends to act as a magic
>licensing firewall, such that GPL code isn't "linked" against the
>kernel or to other, unrelated processes.  (I can't offer a legal
>grounding for this, though.)

Some background here.

The issue is entirely one of what sort of combination C constitutes a "derivative work" of two sources (source A and source B), as opposed to being an aggregation or collection.

Now, if A provides a public (and published, and freely implementable) interface, with multiple implementations, and you program B to the interface, then having B use this interface of A is normal and expected use of A. The code in B and A is not intertwined or interdependent in any way. I really hope no judge would then declare that there was a derivative work involved. IANAL, however.

The rule of thumb for linking-type situations is "can you simply and directly replace A with something else?" If you can, then you probably don't have a derivative work when you distribute B with A.

The kernel provides a public, documented, freely implementable interface of system calls. I don't know if you can replace it with something else, but you should be able to.

Similarly, shell scripts are definitely not derived from 'bash', GNU 'find', etc. if they're written to run on any POSIX shell with a POSIX set of tools. (If they use obscure bashisms which you only understand how to use by looking at the bash source code, well, then you might have to worry. :-( )

Theoretically, OpenSSL provides a public, documented, freely implementable interface. However, the fact that nobody has actually done a successful, fully compatible reimplementation makes that somewhat suspicious.



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