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GPL and the "system library" exception



Dear debian-legal@,

suppose I compile the following trivial GPL-2-only program:

+---
| #include <exception>
| int main() { throw std::exception(); }
+---

Then the resulting binary program links (among other things) against
libstdc++6, licensed under GPL-3+ with runtime exception.

The GPL requires the complete source code to be distributed under the
terms of the GPL; this is not possible here (the source for libstdc++6
cannot be distributed under GPL-2).

There is one exception:

+---
| source code distributed need not include anything [...] of the
| operating system on which the executable runs
+---

But, alas, the exception has an exception:

+---
| unless that component itself accompanies the executable.
+---

People have argued before that this applies to Debian.  In that case
Debian wouldn't be able to distribute binaries of GPL-2-only programs
linking against any GPL-3+ runtime libraries like libstdc++?  Or am I
missing something?

What would be different if I would link libssl instead of libstdc++?  It
is "only" a different GPL-2-incompatible license, so both cases should
result in the same result?

(I came to this question from [1] which again raised the problem of
OpenSSL and Fedora's solution of handling libssl as a system
library[2].)

Ansgar

  [1] https://lists.debian.org/debian-legal/2019/03/msg00083.html
  [2] https://fedoraproject.org/wiki/Licensing:FAQ#What.27s_the_deal_with_the_OpenSSL_license.3F


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