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Distriution of GPL incompatible libraries

Hi all;

This question doesn't directly relate to debian, but i hope you can
help straighten me out with this.

I'm trying to understand licensing obligations in regard to GPL'ed
binaries that link to GPL incompatible libraries.

The current situation.
A GPL'ed binary links to a shared library that is under the revised BSD
license, the licenses are compatible so the distributer of unmodified
GPL binaries must make the source to both projects available.

The questionable situation
A company distributes a GPL incompatible shared library that replaces
the above mentioned BSD license library.

A customer who downloads and installs this GPL incompatible library
then has GPL'ed apps linked to GPL incompatible library.

My understanding is that licences havent been violated by either the
company or customer at this stage.

However, what if the customer then wanted to sell the machine, or if
the company wanted to sell machines with this incompatible binary and
library preinstalled. Would this violation the GPL, or is it possible
that the companies modifcations are "hiding" behind the BSD license
library ?

The confusing part for me is that the library is ABI compatible with
a pre-existing compatible library, so I'm not sure when and by whom
any problem occurs.

GPL and GPL incompatible libraries are covered in the GNU-FAQ, however
it didn't help me much.



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