GPLv2 enforcement

Posted Mar 23, 2007 6:39 UTC (Fri) by gmaxwell (guest, #30048)
In reply to: GPLv2 enforcement by drag
Parent article: The Torvalds Transcript (InformationWeek)

>The FSF and friends stating that linking code against GPL code would require >that all the code is GPL is simply _wrong_ and _misleading_.

>The reality of the matter is that it's up to a Judge to decide what is and >what is not derived work. The GPL is a copyright license and by it's nature >is limited by the scope of copyright.

You were corrected incorrectly, or at least incompletely.

When someone other than the copyright holder distributes GPLed covered software, he does so only by the good graces of the license. The license could, for example, demand that the software only be distributed inside fortune cookies.

A court might decide to invalidate an instance of the license, but without a license you are not able to distribute the software, at least not without performing an actionable copyright infringement.

Thus, in cases where both GPL and non-free parts are distributed by the same party the license can effectively enforce whatever byzantine interpretation of derivative is desired.

The GPLv3 specifically avoids standard legal terms in order to avoid creating confusion like this. Instead the license adopts new terms and defines them clearly in the license.

Obviously the case of separate distribution is another matter entirely, but I'm not aware of anyone sane trying to argue against such cases on legal grounds.

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GPLv2 enforcement

Posted Mar 23, 2007 7:22 UTC (Fri) by drag (guest, #31333) [Link]

Well distribution is covered elsewere the license also. Don't forget that.

Also, as you are aware from Microsoft EULA goes.. just because somebody has something in a license it doesn't mean that it's enforcable, even if you agree to it. I don't know how far that goes.

But there is a nasty little clause in the GPLv2 that goes as follows:
(in section 2)

""In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.""

So you _can_ distribute non-derivative (see the portion immediately before the part I quoted.) work along with GPL'd software then the GPLv2 license expressly states that it is not covered under the terms of the GPLv2 license.

In other words,
A: If code is non-derivative then it's not covered under the terms of the GPLv2.
And
B: The license expressly allows it's distribution along side non-GPL works.
So
C: Therefore if a kernel module is non-deravitive then it's legal to distribute it along with the kernel.

IF its non-derivative. It's gray.. so some can and will violate while others won't.

("Deravitive" IS a well established legal term, btw. It's defined as part of the US copyright code. Of course in other countries this may vary, but I am operating under US law.)

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_...