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The usual IANAL applies... But I've grown to dislike that disclaimer because even a lawyer can't definitively answer your question. It takes a judge (or possibly even a jury) in a courtroom, and two different cases can decide differently based on the same language, even once such a decision has been made... On Sun, Dec 30, 2012 at 03:10:21AM -0500, MBR wrote: > In traditional compiled code, linking object files together to form > a single executable made them part of the same work, and if any > object file was compiled from GPL'd source, then the source for all > objects had to be under GPL-compatible licenses. Not exactly. The GPL covers the use of source code distributed under it, as well as derivative works. The GPLv2 defines what a derivative work is (as does copyright law): The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language... A compiled program is a derivative work, for instance. A theme, or an independent library which uses none of their code, is not. The Drupal people are wrong, and this is the nature of their mistake. They have very liberally interpreted what a derived work is, in direct opposition to what the GPL states. Recall that in the case of SCO vs. Novell, it was ruled that using a library's API is not infringing (i.e. it is not derivative)... So any independent extension which uses none of their code other than the names of functions in their API is not a derivative work. Then: the GPLv2 does not restrict you from taking two different pieces of work under different licenses and combining them together for your own use; it restricts you from DISTRIBUTING such a work under any license other than the GPL. Moreover, it contains clauses which prohibit distribution of a work as a whole which contains pieces with restrictions which would prevent it from being distributed under the GPL. But you can distribute them separately, under their respective licenses. The trick here is, what constitutes separate distribution? It seems clear that statically linking your non-GPL library into your program and distributing the resulting binary is prohibited. But what about a CD which contains the source code for both, but each in a separate directory that contains their respective licenses? Such a CD is very arguably "a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language..." This is a question you'd likely need a courtroom to decide. You're best off avoiding it if possible. The Debian solution to this problem generally is to not provide the actual object, but instead to provide a program which will fetch it from its canonical distribution point, and then do whatever is required with it (e.g. the nvidia driver, where they will fetch the module and modprobe it into your running kernel). Thus no clause of the GPL is directly broken (though even then, a lawyer might argue that this is equivalent to distribution--I expect that lawyer would not win, but stranger things have happened). > And how do the answers to these questions change if we're talking > about GPL3 rather than GPL2? As far as I can tell, the above is not altered. -- Derek D. Martin http://www.pizzashack.org/ GPG Key ID: 0xDFBEAD02 -=-=-=-=- This message is posted from an invalid address. Replying to it will result in undeliverable mail due to spam prevention. Sorry for the inconvenience.
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