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Re: Use of GPL'd code with proprietary programs


From: Rainer Weikusat
Subject: Re: Use of GPL'd code with proprietary programs
Date: Sun, 11 Jul 2004 11:00:57 +0800
User-agent: Gnus/5.1006 (Gnus v5.10.6) Emacs/21.3 (gnu/linux)

Alexander Terekhov <address@hidden> writes:
> Rainer Weikusat wrote:
>> very simple: You have a work that consists of two separately
>> copyrighted works, one of them GPL and one them not. So you can either
>> put the combined work under GPL or leave the GPL parts out, because
>> you have no right to use them in this way if you don't GPL the
>> whole. The separate copyright is not affected by this, ie you are free
>> to use that in other contexts, when not combined with GPLed works, as
>> you please.
>
> Grantback doesn't need to be exclusive to trigger misuse. The scope
> of the "grantback provision" is what determines misuse.

The GPL does not contain a grantback provision, as pointed out
above. You may freely reuse, modifiy etc a GPL'ed work s long as
you don't violate its license, which (among other things) states that
you may not use a GPL'ed work as building block for a non-GPL'ed work
(somewhat simplified), insofar you intend to distribute it to third
parties.

Besides, aruging that because the GPL cannot force you to 'grant back'
a license to independant works back to the creators (whatever) of the
GPL'ed work, the fact that you dervied something (in part) of a GPL'ed
work therefore must have to effect of forcing the creator(s) of the
GPL'ed work to 'grant back' a license for arbitrary use to you should
strike a reasonable person as being a little contradictory. Rephrased
in simpler terms, for the benefit of a broader audience, it reads "I
violated the license, and therefore, I have a right to do so."




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