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Re: "rescuing" code from the GPL



On Sunday 11 November 2007 08:55:51 Shriramana Sharma wrote:
> The question is not whether a work *includes* parts of Qt or not. The
> very fact that it is dependent on Qt for its functioning makes it a
> derivative work, and it *must* be licensed under the GPL when
> distributed, whether in source form or compiled form.

#include <some_library> does not make my C++ source code a derivative work 
of some_library.

If I write source code that uses a library, that does not make the source 
code a dervitive of the library. I am under absolutely no obligation to 
follow the license of the library, whatever it may be, if I don't 
distribute it. I can release my own source code -- no matter what that 
source code theoretically describes -- under any license I want, as I am 
the sole copyright holder. 

Now, if I compile my program, and link it against a library, the resulting 
binary is (in most circumstances) a derivative work of both the library and 
my source code. Now, if I want to distribute this result, I've got to 
follow the license of the library, as I have created a derivitive work.

For example, I can write completely proprietary[1] programs that use Qt. I 
can distribute the source code under any license I want. Others that I 
gave/sold my source code to could compile and use my proprietary program 
with GPL Qt. But I (and they) can't distribute a precompiled binary of my 
program as it (in most circumstances) would be a derivative work of Qt.

To give some context: sometimes [often?] the problem that distributors (like 
Debian) have is that a given program may be completely free software as 
distributed upstream -- all of the program code and libraries it uses are 
free software independently, but because of license incompatibilities, 
binaries end up being undistributable because they are derivitive works of 
several licenses with incompatible requirements.

Footnotes:
[1] Or BSD, or GPLv3, or Apache, or ...

-- 
Wesley J. Landaker <wjl@icecavern.net> <xmpp:wjl@icecavern.net>
OpenPGP FP: 4135 2A3B 4726 ACC5 9094  0097 F0A9 8A4C 4CD6 E3D2

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