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Re: Use of GPL'd code with proprietary programs


From: Alexander Terekhov
Subject: Re: Use of GPL'd code with proprietary programs
Date: Thu, 08 Jul 2004 12:47:44 +0200

Arnoud Engelfriet wrote:
> 
> Alexander Terekhov wrote:
> > Arnoud Engelfriet wrote:
> > > The GPL states that if you create a derivative work, you can
> > > only distribute that derivative work under GPL terms. It is
> > > allowed to mix GPL and BSD code, since the BSD license is
> > > GPL-compatible. That is, you are allowed to distribute the
> > > result, since by obeying the GPL you also obey the BSD terms.
> >
> > The GPL terms do NOT require to reproduce the BSD list of conditions
> > and the BSD disclaimer in the documentation and/or other materials
> > provided with the binary distribution.
> 
> GPL section 1: "provided that you conspicuously and appropriately
> publish on each copy an appropriate copyright notice and disclaimer
> of warranty". For the BSD-licensed code, the appropriate notice
> is the BSD text.

That's a stretch, but OK. What about BSD's list of conditions? BSD 
conditions are clearly not the same as the GPL terms and the GPL
just can't override them.

"Redistributions in binary form must reproduce the above copyright 
 notice, this list of conditions and the following disclaimer in the 
 documentation and/or other materials provided with the distribution."

What you'll have is a set of conflicting terms. In reality, the GPL
terms cover only protected elements in the GPL'ed portions (verbatim
copies and derivatives) and the BSD terms cover only protected 
elements in the BSD'ed portions (verbatim copies and derivatives). 
The GPL terms do NOT apply to the BSD'ed portions and the BSD terms
do NOT apply to the GPL'ed portions.

regards,
alexander.


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