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[gnu.org #432927] Can a Windows installer include both VC++ libs and GPL


From: Brett Smith via RT
Subject: [gnu.org #432927] Can a Windows installer include both VC++ libs and GPLed libs?
Date: Fri, 08 May 2009 12:09:36 -0400

Hello everyone,

I'm sorry for the delay in getting back to you on this; I was traveling
when you wrote.  I think I answered a question from an Octave user about
this a couple of days ago, so you might have already heard an initial
response on this.  He didn't mention that Octave was the software in
question, though, so I didn't know to include you in the discussion. 
I'm happy to help try to clear things up here.

> address@hidden - Tue Apr 21 12:11:05 2009]:
> 
> Is it a violation of the GPL (v2 and v3) to bundle the Visual C++
> redistributable libraries and GPLed libraries in a single executable
> installer?

I do not think either version of the GNU GPL allows this kind of
bundling.  Because these libraries are normally packaged with the
compiler used to compile the program, ordinarily they would qualify for
the System Library exception, which means you're exempt from providing
their source code when you distribute the source for the program. 
However, both versions of the GNU GPL have language which prevent this
exemption from applying to libraries that are actually distributed in
tandem with the GPLed software.  So, the GPL expects you to include the
source for these libraries -- and since you cannot do that, you cannot
include them in the installer.

The reason the GPL works this way is because we need to keep the System
Library exception very narrow.  If we make it too easy for libraries to
qualify as System Libraries, it will become feasible for companies to
change free software and keep the changes proprietary by putting them in
a "System Library."  The language that prevents System Libraries from
being distributed alongside the software helps prevent this sort of abuse.

To the best of my knowledge, this exact situation is the only one that
presents problems for distributors.  As far as I'm aware, on every other
major operating system in use today, all the libraries that would
qualify as System Libraries come with the operating system, or are at
least part of the standard install.  The runtime libraries for
Microsoft's compilers are the only exception.

> If that is a GPL violation, does it depend strictly on the installer
> being an executable, or would it also apply to a .zip or .tar.gz
> installer (e.g., a compressed archive that contains an installation
> program and many packages to install, including the VC++ library
> installer executable)?

No.  Distributing the Octave binaries and the runtime libraries on the
same media would be problematic, regardless of the specific medium used.

I think the Windows binary distribution should simply provide users with
instructions to obtain the libraries from Microsoft's site.  I realize
that's inconvenient, but hopefully it's not too bad, and I think it's a
worthwhile change to avoid any GPL trouble.

If you have further questions, please feel free to contact me; I'll be
on the lookout for those, and try to respond as quickly as possible.

Best regards,

-- 
Brett Smith
Licensing Compliance Engineer, Free Software Foundation



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