Re: Distriution of GPL incompatible libraries
On 2/5/06, Walter Landry <wlandry@ucsd.edu> wrote:
> bug1@iinet.net.au wrote:
> > Quoting Walter Landry <wlandry@ucsd.edu>:
> >
> > > This is tricky. The relevant section in the GPL is
> > >
> > > 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.
> > >
> > > So, is the library part of the "whole"? If the company does not
> > > distribute the BSD licensed library on the machine, then it is fairly
> > > clear that the proprietary library is part of the whole. However, if
> > > the BSD library is also included, then it becomes unclear. I could
> > > see it going either way, depending on the judge and lawyers.
> > >
> > > This is what you call lawyerbait.
> >
> > Thanks for your reply, just a clarification.
> >
> > The section of the GPL you posted above is from section 2 which covers
> > distribution of modified GPL'ed works.
> >
> > In this case the GPL binary being distriuted is from unmodified source
> > code, all the modifications are in the GPL incompatible library.
> > The GPL apps dont need to be modified as the GPL incompatible library
> > is a drop in replacment for the existing BSD license that the GPL app
> > was built against.
> >
> > So i assume now that they are distributing the GPL app under clause 1,
> > that they can distribute the unmodified GPL binary and GPL incompatible
> > library together, and are only required to make source available for the
> > GPL'ed application, not the GPL incompatible library.
>
> Distributing object code falls under clause 3, which references clause
> 2. Clause 2 talks about "modified work as a whole" which even
> includes parts which "can be reasonably considered independent and
> separate works in themselves". So whether the GPL'd parts are
> modified does not actually matter.
Hey bug1, and it doesn't mean that by refraining from distributing
GPL'd object code (distribute GPL'd source code only) you can escape
copyleft -- it's impossible to escape copyleft in the land of true
GNUtians.
regards,
alexander.
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