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Re: GNU License, Again


From: none
Subject: Re: GNU License, Again
Date: Mon, 21 May 2007 06:22:40 -0500

In article <address@hidden>,
mike3  <address@hidden> wrote:
>Hi.
>
>Here's the scenario:
>
>I have two programs, a GPL program and my own program, to which I
>myself own the copyrights.

The point is moot then. If you own the copyrights, you can do anything
you like with the programs. Copyright is always about what rights the
non copyright owner has, not the copyright owner.

>Now, I take a couple of pieces of the GPL program and install them in
>my own program,

You've already stated that they are both your own program... 

"[both], to which I myself own the copyrights."

It's only an interesting question if you do not own the copyright to the
GPL program. That's the question that 99% of folks ask on this
newsgroup.

>and then release the resulting package under a proprietary or other
>non-GPL license,

You can do anything you like as long as you own the copyright to both
packages.

Now if you were not the copyright holder of the GPL code, you could not
do this.

>BUT I go and also include in that package AND in
>another source like a website whose access does not require buying or
>otherwise obtaining said package, ALL of the GPL code that was used,
>licensed _under GPL_.  Even better, I put that code in a form (like a
>DLL) that is _separate_ from the non-GPL part(s) of the program and
>hence, could be easily separated from the non-free program and the
>non-free program distributed in a non-free way while the free code is
>distributed in a free way compatible with GPL.

Again I'll tackle the question from the point that you do not own the
copyright to the GPL code. As David pointed out in another recent post
it depends on if the GPL functionality is duplicated elsewhere. If that
functionality is unique, then your code would need to be GPLed. If there
is duplicate functionality, then you can do what you proposed.

I think you're missing the point on the GPLed code. Its distribution
isn't as critical as the non GPLed code.

But your initial entry point is the correct one. If you write everything
and you own the copyright to everything, then you can do whatever you
like. The issues arise when you attempt to do the same with GPLed code
that you do not hold the copyright for.

>So, would this be permissible?

It's yours in your example. You can do whatever you like.

BAJ


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