Re: Q: Combining proprietary code and GPL for in-house use
On Tue, Jun 19, 2001 at 06:13:26PM +0200, Gregor Hoffleit wrote:
> I have written a program which I plan to distribute under a
> proprietary license. Now I have found a GPL library that I could use
> to add some additional, optional features to my program. AFAIK, the
> GPL doesn't prohibit linking the GPL library with my program, and it
> doesn't prohibit me using this combined work for my own work. It does
> prohibit, though, distribution of this combined work as long as I
> would use that proprietary license for my own code.
>
> So far, pretty simple.
>
> Now where's the borderline:
>
> My program works well without the GPL library. Now if I sell this
> program, and add a module that the customer may link with the GPL
> library, would I violate the GPL of the library, and why ?
There's not anywhere near enough detail here.
What is the license on the module. Does your module work without the
GPLed code? Are you encouraging your customers to link with GPLed code?
Why?
Let's assume that the license on your module is the same as the license
on your program, and that the module works the same way that the program
works (there's no particular need for the customer to link with GPLed
code). This would be No problem.
Now, if you're encouraging your customers to link your code with GPLed
code, the question would be: are you creating a situation where you're
distributing a program comprised of your proprietary code plus the GPLed
code. If a program combining GPLed code and proprietary code has
some recognizable identity (for example, if your customers consistently
get some unique value from this combination), then it doesn't really
matter what specific mechanisms you used to distribute that program.
More generally, you could take a program and distribute part of it
on fortune cookies, part of it on clay tablets, part of it in your
advertising, part of it on cdrom, hire teams of singing strippers to relay
the instructions for putting it together -- none of this would matter.
If what you're distributing falls under someone else's copyright and
exceeds fair-use guidelines, that's what would matter.
--
Raul
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