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Re: gens License Check - Non-free

@ 08/06/2004 12:10 : wrote Benjamin Cutler :

> Brian Thomas Sniffen wrote:
>> Not only is that non-free, it may not be distributable.  A single
>> work, parts of which are GPL'd and parts of which are non-free,
>> can't be distributed because the GPL requires that the entire
>> thing be under the terms of the GPL.
>> -Brian

Just to nitpick a little: "A single work, parts of which are GPL'd
and parts of which are _GPL_ _incompatible_ in terms of licensing."

If the other parts were GPL compatible, licensing-wise, then the
whole work could be considered GPL'd. (like using a BSD/MIT/2clause
license to a library to be incorporated in a GPL'd program).

> I guess I'm missing something, I just read through the GPL and I'm
> having trouble locating the specific clause that states this...
> not that I'm doubting you, I just was not aware of this.

GPL#6: "Each time you redistribute the Program (or any work based on
the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance by
third parties to this License."

What this means is: for some GPLed-code derived work, all the
distributions of such code *must* be done under the terms of the
GPL (non-derived parts may be licensed _if_ _distributed_
_separately_, but if distributed as a single work, the single work
must be distributed under the terms of the GPL, without additional
restrictions on the rights granted by the GPL).

> Would this mean that even the source tarball is not distributable
> as well?

Well, it is if you yank off the non-GPL parts. If you meant the
_pristine_, untouched source tarball, yes, it's not distributable.

If gens is still usable/useful without the non-free parts, you can
package it this way (/vide/ all the flam^W healthy discussions about
the non-free parts in the kernel over this list).

best regards, Massa

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