Possibly a good place to get information about this is on the Free
Software Business list, fsb(a)crynwr.com. To subscribe,
fsb-subscribe(a)crynwr.com. A point about topic: FSB does not prohibit
discussion of licenses, obviously, but it is primarily interested in
their impact on different business models for free software, and not
in legalisms.
Disclaimer: IANAL.
>>>> "Glynn" == Glynn Clements
<glynn(a)sensei.co.uk> writes:
Glynn> I was under the impression that the only licence which was
Glynn> 'GPL compliant' was the GPL itself. I'm not even sure that
Glynn> it's legal to link GPL'd code against LGPL'd code (reasoned
Glynn> arguments to the contrary would be appreciated).
You can link anything you want to anything else you want, as far as
the GPL is concerned. Even this is somewhat undesirable in theory:
Stallman (private mail, but presumably also in public) somewhat
regrets this but concedes the primacy of privacy for undistributed
modifications. The reason he regrets it seems to be that companies
like AOL and Yahoo[1] consider their mods to sendmail and Apache httpd
respectively to be competitive advantages, and do not redistribute
them.[2] Although neither example is GPL, RMS would like to forestall
similar occurances with GPL'd software.
The question is, under what terms can you distribute it?
If some of the code (Linux kernel) is GPL, and other code (device
driver) is under NDA, you cannot distribute the device driver linked,
AFAIK. You can't distribute it statically linked into the kernel, and
you can't distribute it as a module, either, because it is a derivative
work (let's stipulate that; I am aware there are arguments against) of
the Linux header files, some at least of which are GPL.
This is also true of the Aladdin Free Public License. Aladdin has had
to stop distribution of GNU-readline-enabled Aladdin Ghostscripts[3] on
several occasions, and several drivers are distributed only in source
form because they are GPL'd. (Of course, GNU Ghostscript can be
distributed in binary form with readline or those drivers linked in.)
If some of the code is GPL, and some of the code is XFree-style
licensed, you can distribute binaries under the GPL. You cannot
distribute it under an XFree-style license.
I believe that if you link GPL code against LGPL code, you must
distribute the LGPL code under the GPL. You can of course point to
the site where you got the LGPL code and inform users that they can
get the LGPL code under less restrictive conditions. You could even
distribute two copies of the LGPL source, as a mere aggregation -
they would differ only in the file COPYING ;-) But to distribute the
code under the LGPL, you'd have to make a separate copy.
That's absurd, I think. But the law is an ass.
Footnotes:
[1] I don't know for sure about either of them, it's hearsay. These
are examples to make the principle clear.
[2] Tim O'Reilly has written an open letter on this subject, it may
be somewhere on
http://www.opensource.org/, but maybe not, I can't
find it right now. Maybe it was posted to FSB.
[3] This is a useful-enough feature that Peter is considering
removing the readline patches from the Ghostscript source distribution
because they constitute an "attractive nuisance." People keep
independently rediscovering that way to violate the GPL.
--
University of Tsukuba Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
Institute of Policy and Planning Sciences Tel/fax: +81 (298) 53-5091
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What are those two straight lines for? "Free software rules."