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Re: proposed FAQ entries about licensing


From: David Bateman
Subject: Re: proposed FAQ entries about licensing
Date: Wed, 08 Apr 2009 19:30:07 +0200
User-agent: Mozilla-Thunderbird 2.0.0.17 (X11/20081018)

Jaroslav Hajek wrote:
Wikipedia says the dispute whether dynamic linking constitutes a
derivative work is not legally clear
(http://en.wikipedia.org/wiki/GPL#The_GPL_in_court) but it seems FSF's
opinion is clear - it does, and a GPL library needs to provide a
linking exception to allow the dynamic linking.
Of course, disclaiming that the linking constitutes a derivative work
would be probably equivalent, but I think it must be stated by the
license, not a FAQ list, and must be thus agreed upon by copyright
holders.
Given that the there is neither a linking exception nor a disclaimer
statement in any of Octave's sources, my opinion is that compiled mex
files linked against Octave libraries are covered by GPL, at least
potentially (if FSF is right).
This is not a case of dynamic linking as in the case given in the wikipedia article. The case is of a API to a plugin interface that is not GPLed (ie the MEX interface). John specifically asked the FSF legal people about exactly this issue and they considered that it was ok to distribute binary mex files as long as they are not distributed in a manner that makes them and Octave a single product. I'll let John confirm the exact text as it was John that was the interface with the FSF on this question..

D.


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