Alan Brown <[EMAIL PROTECTED]> writes:

> HOWEVER, proprietary code sitting on top of the GPL code was not
> forced into GPL, even by vector of including standard libraries (If
> someone really doesn't want to risk it they can always go out and buy
> Intel's CC instead of usding GCC, etc. The Intel compiler is
> substantially more efficient than gcc anyway....)

Depends on what "sitting on top" means. Linking certainly constitutes
a derivative work. Using an application (e.g. a compiler) to create
something doesn't.

> GPL doesn't taint everything it touches, just items which include GPL
> code (which does NOT include header files).

#include literally puts code someone else has written into your
application, so how does this not constitute a derivative work? The
only exception I can think about is when the header file describes an
open standard, so that the interface is not copyrightable.

> Bacula including mysql client code which may include OpenSSL code
> doesn't force OpenSSL or the mysql code into GPL, or any other
> included libraries for that matter.
 
The issue with OpenSSL lies with the Bacula license, as Landon
correctly explained.

> > Yes, this is fine if Bacula is a separate package.  I wonder if
> > users could legally sell proprietary Python packages that are
> > called by Bacula?  I could care less, but this seems to me to be
> > such a gray area.
> 
> Yes they can. this has already been thrashed out several times and is
> in no way different to (say) Oracle running on a Linux system.

I don't know what GPL code Oracle depends on. The libc is LGPL and the
kernel has an exception for syscalls.

> Companies which are totally risk-averse may decide to compile static
> images using proprietary libraries and compilers, at extra cost, but
> they retain 100% of their copyright even if having to pay distribution
> license royalties to Borland or Intel or whoever else....

I think that's rather the question if you want to spend money on
licenses or on legal advice.

> GPL is not the boogeyman people make out. It is still a licensing
> method and in the end the author stil retains copyright. If anything
> it enhances the author's rights while still making the code available
> for use.

Don't tell Microsoft that all the BSD-like code they use is
illegal. :-)

> Without GPL, it is impossible to legally use much code and that's
> where companies fall over - they always have the option of
> attempting to negotiate an indiivual copyright assignment with a
> software autohor if they don't want to use GPL.

That depends on the development model. It is impossible to get a
seperate license for the Linux kernel because there are too many
copyright owners, probably including some who don't have to do
anything with the kernel development at all.

Hendrik


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