Re: IBM public license

[Raul Miller <moth@magenta.com>]

Henning Makholm <henning@makholm.net> wrote:
> > > Consider the situation where I take some code from a GPL'ed program and
> > > some code from a program under the IBM license, add some of my own and
> > > wish to distribute the result.
> 
> > > Now, since my program is a deriviate of the GPL'ed program, I can only
> > > distribute the resulting binary if I also distribute the entire source
> > > for it under GPL.

Raul Miller <moth@magenta.com> writes:
> > Er.. the GPL doesn't require that the IBM source be distributed under
> > any terms other than the IBM license -- it merely requires that the IBM
> > license allow the same permissions as the GPL.

Henning Makholm <henning@makholm.net> wrote:
> The GPL text I have here says, in section 2
> 
>     b) You must cause any work that you distribute or publish, that in
>     whole or in part contains or is derived from the Program or any
>     part thereof, to be licensed as a whole at no charge to all third
>     parties under the terms of this License.
> 
> This *might* be interpreted to mean that I'm allowed to paraphrase
> what the GPL says (but I would not bet on either RMS or a court
> agreeing with that interpretation).
> 
> But the IBM license only allows changing the license for *object code*
> redistribution, which is not what the GPL asks. And the IBM license
> itself does quite obviously not pass as a paraphrase of the GPL.

Note that this quote uses the phrase "licensed as a whole".

If you continue reading (top of the next page), you'll see:

<QUOTE>
These requirements apply to the modified work as a whole.  If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works.  But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
</QUOTE>

-- 
Raul