Re: [GPL] No linking with proprietary programs: where?

[Brian Kimball <bfk@footbag.org>]

Thomas Bushnell, BSG wrote:

> Brian Kimball <bfk@footbag.org> writes:
> 
> > Where did you get "entire program"?  That's not in the GPL.  Isn't the
> > question to be asked "is it a derivative work of a GPLed work?"  Maybe
> > I'm too focused on the phrase "derivative work"; are there cases where
> > the GPL can require that the source code for non-derivative works be
> > released also?
> 
> "These requirements [those of distributing source, etc.] 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."
> 
> Especially read again the sentence: "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."
> 
> In other words, if I write a GPL'd function find_outer_otter, and you
> call it from your own function locate_inner_otter, in you program
> frob-otters, then:
> 
>   1) locate_inner_otter might itself be derived from
>      find_outer_otter.  If so, then locate_inner_otter must itself be
>      GPL.

I agree.

>   2) If locate_inner_otter is not derived from find_outer_otter, but
>      you distribute binaries for frob-otters, then you must still give
>      the complete source code for both locate_inner_otter and
>      find_outer_otter.  The reason is that the GPL lets you copy
>      find_outer_otter only if you distribute the "the whole on the
>      terms of this License."

If locate_inner_otter isn't derived from find_outer_otter, how can it be
considered part of "the modified work as a whole" which the requirements
apply to?  Doesn't "modified work as a whole" mean "(something derived
from find_outer_otter) as a whole"?

>   3) If you attempt to defeat (2) by distributing the two functions
>      separately, or distributing only locate_inner_otter, and telling
>      users how to combine them to produce frob-otters, and there is no
>      way to make locate_inner_otter useful without doing so, then a
>      court will find that you were attempting a subterfuge, and that
>      what you were doing was the same thing as (2) for all practical
>      purposes.

I assume this isn't the case _if_ I'm correct regarding (2).

-- 
Brian Kimball