On 30 Jan 2005 21:59:25 -0800, Paul Rubin <http://[EMAIL PROTECTED]> wrote:
>John Hunter <[EMAIL PROTECTED]> writes: >> The question is: does shipping a backend which imports a module that >> links with GPL code make some or all of the library GPL. > >Literally speaking, no, not automatically, any more than driving a car >makes you into a licensed driver if you weren't one already. But if >you weren't licensed, then you've broken the law by driving the car. >So your question should be: 1) is shipping that backend one of the >things you need the GPL to license you to legally do, and 2) if so, >does the GPL in fact give you that license? > >If you're asking in terms of legal enforcement, the answer is 1) maybe >and 2) almost certainly not. I think it's better to ask in terms of >the GPL's spirit. I would say that it's not in the GPL's spirit and >that GPL die-hards would consider that use objectionable, though they >might make exceptions for specific cases (so it doesn't hurt to ask). >Some authors who use the GPL are less strict about how they interpret >it, so again, the friendly thing to do is ask the author. > > * If a backend module somebackend does > > import somelib > > where somelib is a python wrapper of GPL code, is somebackend GPLd? > >It's GPL'd if you GPL it. If you don't GPL it, then distributing it >it may be a GPL violation that could get you taken to court. I >believe the FSF's view is that it is fact a violation; however, the >courts have not yet established this. The law doesn't have a >black-and-white boundary. It's more like a fractal. The only way to >find out what a court will decide is to actually try a case there. > >Rather than try to probe how closely you can dance around the >boundaries of the GPL, you might just ask the author of the GPL'd >library whether what you want to do is ok with him or her. If s/he >says no and you do it anyway, you're both inviting trouble over the >possible infringement, and also inviting people to try to use your >code in ways you don't like. Since the free software movement depends >on a spirit of cooperation, I think it's best to avoid trying to press >too hard against the boundaries of anyone's licenses. > >http://www.gnu.org/licenses/gpl-faq.html If you read the GPL, it claims everything it can (any "work" created using GPLed "work"). My guess is that anything that calls the code in a way not specifically allowed by the author is going to get you into trouble. IANAL, but from what I can remember about earlier licensing issues, any code specific for a GPLed library (especially "import") will get you into to trouble. Having a non-free library with an identical API and issuing exec("import "+sys.argv[1]) where the user can supply sys.argv as the name of the gpl'ed library will work (I think there is a free/non-free library out there that is never run, but exists for exactly this condition). Scott Robinson -- http://mail.python.org/mailman/listinfo/python-list
