Date: 19 Dec 2001 18:43:55 -0800 From: swear@blarg.net (Gary W. Swearingen) To: Jonathan Lemon <jlemon@flugsvamp.com> Cc: Brett Glass <brett@lariat.org>, chat@FreeBSD.ORG Subject: Re: GPL nonsense: time to stop Message-ID: <0en10ey5jo.10e@localhost.localdomain> In-Reply-To: <20011219091631.Q377@prism.flugsvamp.com> References: <local.mail.freebsd-chat/Pine.LNX.4.43.0112181134500.21473-100000@pilchuck.reedmedia.net> <local.mail.freebsd-chat/20011218110645.A2061@tisys.org> <200112182010.fBIKA9739621@prism.flugsvamp.com> <4.3.2.7.2.20011218180720.00d6e520@localhost> <20011219091631.Q377@prism.flugsvamp.com>
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Jonathan Lemon <jlemon@flugsvamp.com> writes:
> E.g.: kernel + (N)"options XXX" = non-GPL'd kernel.
> kernel + (N)"options XXX" + "options EXT2FS" = GPL'd kernel.
>
>
> We are in agreement here, right?
(Can you get your mail reader to not use tabs? I can't get my mail
reader to quote them correctly and I doubt if many can. Thanks.)
We are not in agreement. When you have the second equation, you must
also have:
kernel = GPL'd kernel
and
(N)"options XXX" = GPL'd (N)"options XXX"
and therefor you will have
kernel + (N)"options XXX" = GPL'd kernel.
You can't distribute a whole (a GPL term) under the GPL without
distributing its parts under the GPL. It seems like basic logic to
me. Nothing to do with the GPL. Please explain carefully if you
disagree.
Now, you might be able and willing to dual-license all of those parts
and wholes (except anything that is not yours to change licensing on)
under both BSDL and GPL, but I think all are not willing and so you
won't be able.
And if we're willing to accept Eben Moglen's theory of "mere
aggregation" as reliable for even cases he's not involved in, then
there might be some scheme whereby you could show that you just have two
separate programs communicating, rather than a single staticly- or
dynamically-linked program. (I don't see the difference in copyright
law, but then I probably won't be asked.)
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