license question?

B

Bill Unruh

]Peter wrote:
]> HI
]> I have read GNU GPL , Common public licence and gnu lesser license.
]> As my understanding, i can including those softwares which is(
]> GNU GPL , Common public licence and gnu lesser license) into my
]> commerical product. And i am free to distribute it and modify it.
]>
]> Am i correct?
]>
]> thanks for your help
]> from Peter ([email protected])

]If you use GPL code or link with GPL libraries you CAN'T distribute
]your software as a commercial product. You are obligated to distribute

The first sentence if false, the second is true. You CAN distribute as a
commercial product-- all the distros do that REdhat, Suse, Mandrake,....
are all commercial products.
HOwever they must be licensed under the GPL which means anyone can copy or
distribute them.

]it under the GPL. You can link your commercial product with LGPL
]libraries. And I don't know the Common Public License so I can give
]you any advice.

LGPL is less restrictive and allows the product to have a more restrictive
license than the GPL

REad the other licenses to see what they say. All allow you to include
their stuff in commercial products. What they differ on is on how they
demand you license those commercial products.




]--

]Jose Maria Lopez Hernandez
]Director Tecnico de bgSEC
][email protected]
]bgSEC Seguridad y Consultoria de Sistemas Informaticos
]http://www.bgsec.com
]ESPAÑA

]The only people for me are the mad ones -- the ones who are mad to live,
]mad to talk, mad to be saved, desirous of everything at the same time,
]the ones who never yawn or say a commonplace thing, but burn, burn, burn
]like fabulous yellow Roman candles.
] -- Jack Kerouac, "On the Road"
 
B

Bill Unruh

]xarax wrote:
]> > You can include a LGPL library in your commercial prduct, and still
]> > distribute
]> > it closed-source, as long as you keep the library itself open. You can not
]> > include any full GPL product in an application that is not itself full GPL
]>
]> But be VERY CERTAIN that your usage of the LGPL library
]> is only via dynamic calls. Static linking will contaminate
]> your product and make it also LGPL.

False. GPL or LGPL is NOT viral. You may do with your work what you wish.
However, the programs licensed under GPL and LGPL has certain terms under
which you are allowed to copy them If you do not abide by those terms then
you are not allowed to use those products. Your work does NOT become GPL.
Your work is whatever you say. HOwever, you may be violating the license of
those whose work you used, and they could sue you if you do not follow
their license.


]>
]> GNU licenses (all variants) are extremely viral; attempting
]> to convert your hard work into effectively public domain.

Complete horseshit.
Noone or nothing can "convert" your work, except you.
 
B

Bill Unruh

(e-mail address removed) (Floyd L. Davidson) writes:

][email protected] (P.T. Breuer) wrote:
]>
]>> And anyway, I don't
]>> think /intent/ counts for all that much in a legal agreement (though it does
]>
]>It's a contract, so intent IS what counts.

]One small correction to Peter's excellent commentary: the GPL
](and the LGPL too) constitutes a *license*, not a contract.

]The difference is that two parties agree to a contract, and the
]intent of each counts; but only one party offers a license while
]the other either agrees or is not licensed, hence only the
]intent of the licensee is what counts.

No, only the words of the license is what counts.
As an imposition without direct agreement on the second party, your intent
is there only as conveyed by the words you used.

"Your Honour, I know my words said he could use this software for free, but
the intent was that 50 cents of every dollar he earns must be sent to me."
 
J

johndoe

In comp.lang.java.programmer Bill Unruh said:
False. GPL or LGPL is NOT viral. You may do with your work what you wish.
However, the programs licensed under GPL and LGPL has certain terms under
which you are allowed to copy them If you do not abide by those terms then
you are not allowed to use those products. Your work does NOT become GPL.
Your work is whatever you say. HOwever, you may be violating the license of
those whose work you used, and they could sue you if you do not follow
their license.

The use of GPL'd code sure comes with a heavy price.
 
P

Peter

Todd Knarr said:
No. Modification has nothing to do with it, it's the distribution of
code licensed to you under the GPL in a manner that violates the terms
of your license. Whether or not you've changed the GPL'd code, the
fact that your product contains copies of it and isn't itself under
the GPL is sufficient for copyright infringement (you've voided
your license under the GPL by violating it's terms, and you don't
have any other license from the author to copy and distribute their
code).

Hi Todd
Except linksys, is any other company including GPL/LGPL product in
their commerical product?
thanks
from Peter ([email protected])
 
B

Bill Unruh

(e-mail address removed) (Peter) writes:

]> > If i include a GPL product in my commerical product without modify it,
]> > then i still can distribute my product commerically and closed-source.
]> > And this what you guys called "dynamic link"
]>
]> No. Modification has nothing to do with it, it's the distribution of
]> code licensed to you under the GPL in a manner that violates the terms
]> of your license. Whether or not you've changed the GPL'd code, the
]> fact that your product contains copies of it and isn't itself under
]> the GPL is sufficient for copyright infringement (you've voided
]> your license under the GPL by violating it's terms, and you don't
]> have any other license from the author to copy and distribute their
]> code).

]Hi Todd
] Except linksys, is any other company including GPL/LGPL product in
]their commerical product?

Redhat, Mandrake, Suse, Slackware, Whitebox, .......
 
B

Bill Unruh

(e-mail address removed) writes:

]> False. GPL or LGPL is NOT viral. You may do with your work what you wish.
]> However, the programs licensed under GPL and LGPL has certain terms under
]> which you are allowed to copy them If you do not abide by those terms then
]> you are not allowed to use those products. Your work does NOT become GPL.
]> Your work is whatever you say. HOwever, you may be violating the license of
]> those whose work you used, and they could sue you if you do not follow
]> their license.

]The use of GPL'd code sure comes with a heavy price.

And so does Windows. I guess you have to decide if you want to pay the
price as always.
 
F

Floyd L. Davidson

(e-mail address removed) (Floyd L. Davidson) writes:

][email protected] (P.T. Breuer) wrote:
]>
]>> And anyway, I don't
]>> think /intent/ counts for all that much in a legal agreement (though it does
]>
]>It's a contract, so intent IS what counts.

]One small correction to Peter's excellent commentary: the GPL
](and the LGPL too) constitutes a *license*, not a contract.

]The difference is that two parties agree to a contract, and the
]intent of each counts; but only one party offers a license while
]the other either agrees or is not licensed, hence only the
]intent of the licensee is what counts.

No, only the words of the license is what counts.

Not quite so. The intent of the licensor is what counts, *as*
*expressed* by the license. And any explanation of what the license
is meant to express also counts, as long as it does in fact reduce
ambiguity rather than increase it.

Which is to say, words can be twisted to mean many things, but a
court is going to look for what the licensor meant the words to
say, not at how a licensee wants to twist them. And any assist
that the licensor has provided for understanding the meaning, is
in fact counted.
As an imposition without direct agreement on the second party, your intent
is there only as conveyed by the words you used.

Exactly, but it is not only the license document which conveys
the intent. *Anything* known to the licensee that helps to
explain the intent is just as much a part of the license as the
document itself.

That is *precisely* why RMS, Eben Moglen, and the FSF have
published so many concise descriptions of what the GPL does.

(Look at the evidence IBM is giving the court in Utah about the
license between AT&T and IBM! Everything from newsletter
descriptions to statements by the AT&T employees at the time.
SCO can twist it all they want, and the judge is *not* going to
buy it.)
"Your Honour, I know my words said he could use this software for free, but
the intent was that 50 cents of every dollar he earns must be sent to me."

But that is a trivially absurd contradiction, which does *not*
make anything clear.

"Your Honor, may we introduce Exhibits A through Z, which are the
documents we have made available to the licensee explaining that
'free' in our license means free as in speech, not as in beer."
 
B

Byron A Jeff

-
-> Not necessarily. Simply understand the licenses and their implications.
-
-That's one problem. The licence is long and complicated. I cannot feel
-confident that I understand the terms in either the same sense that the creator
-of the software intended (and that's important to me), or in the same way that
-a court would interpret it. Under the circumstances I tend to avoid even LGPL
-because, even if /I/ am satisfied that some use is OK, I cannot be sure that
-the users of my libraries will see it the same way.
-
-The confusion in this thread, and in others like it I've seen, makes it clear
-that many intelligent people simply do not understand the LGPL. Under the
-circumstances I am suspicious of (a) my own understanding, (b) the
-understanding of any other programmer or non-legal expert.

I understand where you're coming from. A long time ago I took the time to
understand the intent behind the licenses. It goes a long way to clarifying
its terms.

Stallman et. al. gave specificity, and therefore complexity, because if they
were not specific, then someone would try to exploit the code under the license
in some loophole or another. There's a guy who now lives in gnu.misc.discuss
that states that basically all the terms are null and void under the U.S
copyright first sale doctrine.

In its basic form the LGPL is pretty simple:

1) Any one can use LGPL code unchanged.
2) You code can be combined with LGPL code and binaries only distributed as
long as you don't make modifications to the LGPL code AND you give the
end users you distribute to a way to change/update the LGPL code. No
license terms are applied to your code or to the resulting binaries
other than the end users right to change/update the LGPL code.
3) Any changes or additions to the LGPL code itself are subject to the LGPL
even if you wrote them. So changes to the library itself must be distributed.

-> Dynamic linking makes
-> this requirement easy as the end user can simply load the new dynamic
-> library. But static linking doesn't comtaminate anything. You can in fact
-> offer the end user a compiled object to link in, never showing the end
-> user your code. But relinking is a requirement for you as a developer to
-> use the library.
-
-You see ? I hadn't read that into the license. Unless and until it is
-rephrased in a way that makes it plain /in a technology independent way/ what
-constitutes linking, then I shall continue to treat it with suspicion.

Don't think about linking. Linking is the action and it isn't important. Look
at the intent. A binary consists of some LGPL code (a library) and some non
LGPL code (say a proprietary application). Independant of mechanism (linking)
the end use of the binary must be able to update the LGPL library to create a
new binary.

There's no point in trying to enumerate the 50 million ways this can be
implemented. Just give the user a way to update the library and the clause is
satisfied.

One failure point is in embedded systems where the combination occurs via
compilation. Then the only way to implement updates is by giving the end user
the code, even though the code may not in fact be subject to the LGPL.

- It's
-worth mentioning that quite a few libraries I've been looking at recently have
-come with a license that is the LGPL plus some explicit riders to make it clear
-that (say) static linking is allowed.

Static linking was never disallowed. What you saw was a dismissal of the relink
requirement associated with static linking. But it potentially hurts the end user
because if the LGPL library, which is supposed to be free (in the freedom) sense
was ever significantly improved, users subject to the exception now have no recourse
if they wanted to update the library, because the proprietary developers of the
applications code are not subject to help end users updating by providing them
with the application in an updatable form.

Every clause in the GPL and LGPL has a purpose. CSS developers get annoyed with
them because they inhibit the wholesale incorporation of "free" code into their
stuff just like the original poster thought he could do.

The funny thing is that the average user could really care less. Simply drop an
object file on the CD (or put it on a passworded web site) and be done. Nothing
says the end user has to actually ever update anything, but the license gives
them the right to do so.

-
-And it's important that the wording is technology independent. I mostly work
-in Smalltalk and Java these days, and while there are certainly some cases
-where a use of some code is clearly dynamic linking under the terms of the
-LGPL, there are other cases that are less clear. This particularly applies to
-software that is not written in a DLL-ish language (such as C -- and neither
-Smalltalk or Java are DLL-ish), but also can apply to 'C'. E.g. I was looking
-at one library, LGPLed, that is coded only to support static linking. So I can
-write a DLL that uses that library, and then call that from Smalltalk, that's
-not a problem technically, but I simply don't know to what extent the DLL is
-now covered by the LGPL.

The DLL has to be updatable with the library. So send an linkable object of
the DLL (or the source) along with every distributed copy.

Simply answer the question of how to change:

application (which calls) DLL (which calls) old LGPL library... to
application (which calls) DLL (which calls) new LGPL library.

Note the application doesn't have to change and isn't subject to the license.
The DLL must be able to be updated with the new library, in whatever form
facilitates it. dynamic linking is a done deal, static linking can be done too
by sending something for the DLL that's linkable to the new library. Send the
source for the DLL to solve the problem.

You want mechanism. But there can be new ways for the DLL and the library to
interact that folks haven't implemented yet. As long as there is a way to
substitute the new LGPL library for the old one, then any method suffices.

Like I said, it's easier to understand when you understand the intent of
clause (the LGPL library must be updatable) as opposed to the mechanism
(static or dynamic linking and the like).

- I don't greatly mind if it is (my stuff is free, as
-in beer, anyway) but I don't the hassle of, say, finding that I have to
-distribute the source to the original library (not least because I don't like
-becoming a secondary source of potentially out-of-date information).

You only have to distribute the original LGPL library source if and only if you
change it. Otherwise a simple pointer to where someone can get it will suffice.

However if you change the library itself, then that code must be distributed
so that downstream users and developers can work on it. Intentwise it means
that while your applications code can belong to you, the LGPL library code
belongs to the whole community, so if you must change the community code, then
you have to share it.

I too find the relink requirement problematic especially for embedded stuff BTW.

Lately I've been looking at the wxWindows Library Licence for embedded stuff.
It is essentially the LGPL with some modifications for the relink issue.

http://www.opensource.org/licenses/wxwindows.php

BAJ
 
B

Byron A Jeff

/snip bullshit/

I've read the LGPL. You should read it again. Static
linking makes your code a derivative of the library.

What I wrote is true. It is not FUD. So STFU.

Thanks for cutting out my commentary. I'll bring it back
here for discussion:

This is in reference to "the LGPL contaminates your code." The context you
gave implies source code contamination. It's very clearly stated in section
5. (EMPHESIS MINE)

------------------------------------

5. A program that contains no derivative of any portion of the Library, but
is designed to work with the Library by being compiled or linked with it, is
called a "work that uses the Library". SUCH A WORK, IN ISOLATION, IS NOT A
DERIVATIVE WORK OF THE lIBRARY, AND THEREFORE FALLS OUTSIDE THE SCOPE OF THIS
LICENSE.
------------------------------------

So it has no impact on your code.

Now static linking makes the BINARY a derivative work. Continuing in section 5:

------------------------------------

However, linking a "work that uses the Library" with the Library creates an
executable that is a derivative of the Library (because it contains portions
of the Library), rather than a "work that uses the library". The executable
is therefore covered by this License. Section 6 states terms for distribution
of such executables.

------------------------------------

Section 6. goes on to say what I stated, static linking requires you to
provide a way to relink the binary.

But there are absolutely no such claims on your source.

And I'll STFU when you admit defeat because it's FUD.

BAJ
 
C

Chris Smith

Please note that I said absolutely none of the stuff that was quoted
here.

--
www.designacourse.com
The Easiest Way to Train Anyone... Anywhere.

Chris Smith - Lead Software Developer/Technical Trainer
MindIQ Corporation
 
T

Todd Knarr

In comp.os.linux.misc said:
Except linksys, is any other company including GPL/LGPL product in
their commerical product?

Well, there's the obvious commercial products from Linux distributors,
but I doubt that's what you meant. Sitecom GmbH in Germany was found
to be using the GPL'd netfilter code from Linux in their wireless
routers and access points. The Buffalo (Melco) WBR-G54 used as the
base for wireless products by Belkin, Buffalo, Linksys and possibly
others was based around Linux, BusyBox and other GPL'd software. You'll
find many operating systems, including Solaris, include large amounts
of GPL'd software for basic system utilities.

Of course, as a downside the most common reason for a company to be
publicly advertised as using GPL'd code is for the owner of the code
to notice them distributing his code but not honoring the terms of the
GPL while doing so. I'll have to dig them up, but I recall several such
cases being settled this year alone. The FSF could probably give you
more information on those.
 
B

Byron A Jeff

->
-> -> /snip bullshit/
->
-> I've read the LGPL. You should read it again. Static
-> linking makes your code a derivative of the library.
-
-This is correct. So does any linking. Those are legal facts. What the
-LGPL does is allow you to distribute such a derived work (and I quote)
-"under terms of your choice" [provided only that you allow reverse
-engineering and debugging and relinking and access to the source code
-of the Library, to summarize your obligations].
-
-
-> What I wrote is true. It is not FUD. So STFU.
-
-What did you write? It sounds a lot like it might have been FUD or SaN.

Quote:" Static linking will contaminate your product and make it also LGPL."

LGPL is outside the scope on the source and allows for unfettered binary
distribution with only the relink requirement. Hardly contaminated.

He wanted to get folks to infer that if they use an LGPL library for their
proprietary application that their [source] code would be subject to the
LGPL.

That's FUD plain and simple. And it must be challenged.

Note the nice touch of xanax removing the thread to espouse his BS.

BAJ
 
B

Byron A Jeff

-> False. GPL or LGPL is NOT viral. You may do with your work what you wish.
-> However, the programs licensed under GPL and LGPL has certain terms under
-> which you are allowed to copy them If you do not abide by those terms then
-> you are not allowed to use those products. Your work does NOT become GPL.
-> Your work is whatever you say. HOwever, you may be violating the license of
-> those whose work you used, and they could sue you if you do not follow
-> their license.
-
-The use of GPL'd code sure comes with a heavy price.

Now that's actually a true statement in the given context. The GPL is designed
to promote software that needs a new term without Stallman's and the FSF's
political agenda. Call it unencumbered source for lack of a better term.

Free gives the wrong implication. Propiretary developers hear of "free code"
and they think it means that they are free to do what they want with it.
But as you say in that context the rules attached levies a heavy price:
In order for you to distribute any value add in terms of additions or
modifications, your additions and modifications must be as equally
unencumbered as the code that you based the additions and modifications upon.
That's the "viral" aspect everyone talks about. It isn't really as your
code is your code, but the effect is the same.

The LGPL as discussed here is more forgiving as the LGPL code needs to
remain unencumbered even when combined with proprietary code. Hence the
relink/update requirement.

But TANSTAAFL. And Caveat Emptor in terms of those who think that "free"
software means that it's free to them. The GPL is designed to protect
the free software community, end users, and the unencumberedness of the
code itself. Proprietary developers need not apply.

BAJ
 
X

xarax

P.T. Breuer said:
This is correct. So does any linking.

Absolutely wrong. The LGPL is very clear on
the difference between dynamic and static
linking, and the impact thereof.
Those are legal facts.

Again, you are a moron. I've spent years
negotiating license agreements with attorneys,
CEOs, and CFOs.
What the
LGPL does is allow you to distribute such a derived work (and I quote)
"under terms of your choice" [provided only that you allow reverse
engineering and debugging and relinking and access to the source code
of the Library, to summarize your obligations].

Nope. Derivative work imposes restrictions and
demands on *your* code. Read the fucking agreement
again from end to end.

And never ever use any GNU-type license for
code that you want retain as your own.
 
B

Byron A Jeff

-> In my java program, i called some function from another jar
-> file(GPL). And i will include that GPL jar file into my jar file. It
-> is a static link or dynamic link?
-
-In Java, it would probably be considered a static link. Your jar
-file physically contains GPL'd code, it either has to be distributed
-under the terms of the GPL or you are violating the copyright on
-the GPL'd code by distributing copies without a valid license.
-
-Fortunately, with Java you don't need to even worry about this. Java
-can load classes without having them physically within the application's
-jar file. Just distribute the GPL'd jar alongside your code but
-not physically included within your jar files, install the GPL'd jar
-files into a directory in the CLASSPATH and Java should happily find
-and load them when you use them. Since they're physically seperate
-from your program you can distribute your code under any terms you
-want without interfering with distributing the GPL'd code under the
-terms of the GPL. IIRC Java doesn't do header files the way C does
-#include'd headers, so there's not the issue of header code being
-physically included in your classes that makes the GPL-vs-LGPL
-distinction important for C programmers and others.

I agree with you wholeheartedly if we were talking about the LGPL.
But with the GPL it's more dicey. If at any point in the process the
two components share address space, names, or the like then it's
possible that the resulting executable is deriviative thus subjecting
the proprietary jar.

You need to ask the author of the GPL jar about the intent of use.

Frankly this discussion gets really old. I just don't see why
proprietary developers can't understand the underlaying intent.
When someone slaps a GPL license on some code: THEY DON'T WANT YOU
TO USE THAT CODE WITH PROPRIETARY CLOSED SOURCE! Because if they
did there are a zillion other licenses that they could have used
instead, like the LGPL, BSD, ZPL, Artistic, or wxWindows library
licenses for example. GPL markes the code for use in Open Source
only projects.

The answer to the nieve question "Can I combine my proprietary
closed source to GPL code?" should be a flat NO!

I just wish folks would stop string to put that square peg in the
round hole. In the end it doesn't fit.

BAJ
 
B

Byron A Jeff

-
-]> > If i include a GPL product in my commerical product without modify it,
-]> > then i still can distribute my product commerically and closed-source.
-]> > And this what you guys called "dynamic link"
-]>
-]> No. Modification has nothing to do with it, it's the distribution of
-]> code licensed to you under the GPL in a manner that violates the terms
-]> of your license. Whether or not you've changed the GPL'd code, the
-]> fact that your product contains copies of it and isn't itself under
-]> the GPL is sufficient for copyright infringement (you've voided
-]> your license under the GPL by violating it's terms, and you don't
-]> have any other license from the author to copy and distribute their
-]> code).
-
-]Hi Todd
-] Except linksys, is any other company including GPL/LGPL product in
-]their commerical product?
-
-Redhat, Mandrake, Suse, Slackware, Whitebox, .......

And each is doing it under the terms of the license because each
distributes in some fashion both the license and the source with their
products.

BAJ
 
B

Byron A Jeff

--> >
-> > -> > /snip bullshit/
-> >
-> > I've read the LGPL. You should read it again. Static
-> > linking makes your code a derivative of the library.
->
-> This is correct. So does any linking.
-
-Absolutely wrong. The LGPL is very clear on
-the difference between dynamic and static
-linking, and the impact thereof.

Chapter and verse sir? Please quote exactly where the LGPL
differentiates between dynamic and static linking.

-
-> Those are legal facts.
-
-Again, you are a moron. I've spent years
-negotiating license agreements with attorneys,
-CEOs, and CFOs.

No matter. You are wrong here. Stop pontificating and simply
point out where it says what you think it says.

-
-> What the
-> LGPL does is allow you to distribute such a derived work (and I quote)
-> "under terms of your choice" [provided only that you allow reverse
-> engineering and debugging and relinking and access to the source code
-> of the Library, to summarize your obligations].
-
-Nope. Derivative work imposes restrictions and
-demands on *your* code. Read the fucking agreement
-again from end to end.

I've already refuted this in this thread by quoting the license.

Post exactly where the LGPL imposes those restrictions. I have time.
I'll wait...

Also I can't see how you deal with CEOs and CFOs when you're
cursing every other word.

-
-And never ever use any GNU-type license for
-code that you want retain as your own.

You're in the wrong business. You'd make a great politician. Simply
stay on message, even when it's wrong, even in the face of the facts.

Hmmm.

BAJ
 
B

Byron A Jeff

->> False. GPL or LGPL is NOT viral. You may do with your work what you wish.
->> However, the programs licensed under GPL and LGPL has certain terms under
->> which you are allowed to copy them If you do not abide by those terms then
->> you are not allowed to use those products. Your work does NOT become GPL.
->> Your work is whatever you say. HOwever, you may be violating the license of
->> those whose work you used, and they could sue you if you do not follow
->> their license.
->
->The use of GPL'd code sure comes with a heavy price.
-
-If you think that is a high price, talk to Microsoft about
-a license for their OS code...

But it's just money. And potential illegal takeover of your software and
company. <sarcasm>That's certainly a lower price than what the GPL requires.
</sarcasm>

BAJ
 

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