GPL compatibility [LWN.net]

GPL compatibility

Posted Aug 22, 2003 3:36 UTC (Fri) by BrucePerens (subscriber, #2510)
In reply to: Maybe SCO had a point by Arker
Parent article: Maybe SCO had a point

This is moot, because a version of the code was in the public domain, differing from the version used by two uncopyrightable lines. Even if that were not the case, the advertising clause would only be a problem if a GPL copyright holder sued about it. And even then it would be hard to show that anyone could ever advertise a feature of the malloc in this driver, so the advertising clause would not activate.

The compatibility issue doesn't work the other way - the BSD license they used does not ban licenses that are incompatible with it.

The lack of attribution is a problem, but one that would create financial damage. If we were to keep the function, we'd have to remediate that.

Bruce

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GPL compatibility

Posted Aug 22, 2003 5:40 UTC (Fri) by BrucePerens (subscriber, #2510) [Link]

Oops. That should read but not one that would create financial damage.

GPL compatibility

Posted Aug 22, 2003 12:35 UTC (Fri) by Arker (guest, #14205) [Link]

Don't forget that Caldera has copyright on some significant sections of GPL code in the kernel.

GPL compatibility

Posted Aug 23, 2003 13:21 UTC (Sat) by mammothrept (guest, #14201) [Link]

Bruce,

I am not a programmer but IAAL and if it is correct that there is only a two line difference in functional code between the public domain version and the SCO proprietary version, I think you are right that it is not copyrightable. The abstraction-filtration-comparison test used in most circuits to analyze software copying will 'filter out' even identical copying of code if it is of an entirely functional nature. Even if it passed an AFC screening and is found to be copyrightable, the creative element in two lines of code is going to be so scant as to be trivial and therefore not infringing. Unless SCO can show identical copying of much larger sections of code in other files, I don't see them having much of a case.

Doug Steele