Changeset - 0adba8392352
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Bradley Kuhn (bkuhn) - 9 years ago 2014-12-23 18:22:05
bkuhn@ebb.org
FIXME re: "dynamic linking delayed" to runtime.

The existing text of the Guide hints at this point but doesn't discuss
it directly. This FIXME is merely a reminder note to investigate this
issue in further detail and perhaps add text here on the question.
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gpl-lgpl.tex
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@@ -1639,96 +1639,115 @@ this combined work, \gplusi{}, is held by the original copyright
 
holder of each of the two works.
 

	
 
In this case, GPLv2~\S2 lays out the terms by which \gplusi{} may be
 
distributed and copied.  By default, under copyright law, the copyright
 
holder of \worki{} would not have been permitted to distribute \gplusi{};
 
copyright law forbids it without the expressed permission of the copyright
 
holder of \workg{}. (Imagine, for a moment, if \workg{} were a proprietary
 
product --- would its copyright holders  give you permission to create and distribute
 
\gplusi{} without paying them a hefty sum?)  The license of \workg{}, the
 
GPL, states the  options for the copyright holder of \worki{}
 
who may want to create and distribute \gplusi{}. The  GPL's pre-granted
 
permission to create and distribute combined and/or derivative works, provided the terms
 
of the GPL are upheld, goes far above and beyond the permissions that one
 
would get with a typical work not covered by a copyleft license.  Thus, to
 
say that this condition is any way unreasonable is simply ludicrous.
 

	
 
The GPL  recognizes what is outside its scope.  When a programmer's work is
 
``separate and independent'' from any GPL'd program code with which it could be
 
combined, then the obligations of copyleft do not extend to the work
 
separately distributed.  Thus, Far from attempting to extend copyleft beyond the
 
scope of copyright, the licenses explicitly recognize.
 

	
 
Thus, GPL recognizes what is outside its scope.  When a programmer's work is
 
``separate and independent'' from any GPL'd program code with which it could
 
be combined, then copyleft obligations do not extend to the independent work
 
separately distributed.  Thus, far from attempting to extend copyleft beyond
 
the scope of copyright, GPL explicitly limits the scope of copyleft to the
 
scope of copyright.
 

	
 
GPL does not, however (as is sometimes suggested) distinguish ``dynamic''
 
from ``static'' linking of program code.  It is occasionally suggested that a
 
subroutine ``dynamically'' linked to GPL'd code is, by virtue of the linking
 
alone, inherently outside the scope of copyleft on the main work.  This is a
 
misunderstanding.  When two software components are joined together to make
 
one work (whether a main and some library subroutines, two objects with their
 
respective methods, or a program and a ``plugin'') the combination infringes
 
the copyright on the components if the combination required copyright
 
permission from the component copyright holders, as such permission was
 
either not available or was available on terms that were not observed.
 

	
 
In other words, when combining other software with GPL'd components, the only
 
available permission is GPL\@.  The combiner must observe and respect the GPL
 
observed on the combination as a whole.  It matters not if that combination
 
is made with a linker before distribution of the executable, is made by the
 
operating system in order to share libraries for execution efficiency at
 
runtime, or results from runtime references in the language at runtime (as in
 
Java programs).
 

	
 
% FIXME-SOON:
 

	
 
%   A commonly asked question is whether or not separated distribution (i.e.,
 
%   dynamic loading of a module that is expected to be present on the
 
%   downstream sytem) triggers the copyleft requirement.  The text above
 
%   hints at that issue, with reference to Java runtime.  However, here would
 
%   likely be the natural place to discuss that issue in more depth.  I have
 
%   never actually studied this specific question in a GPLv2 vs. GPLv3
 
%   analysis, and as such I'd want to do that first.  Furthermore, the FSF
 
%   has not publicly opined on this question to my knowledge, so I'd want to
 
%   see possible update to
 
%   http://www.gnu.org/licenses/gpl-faq.html#GPLStaticVsDynamic to mention
 
%   this issue before opining about it in the Guide.
 

	
 
%   I'm not aware, BTW, of any dissenting opinions or disagreements among
 
%   copyleft advocates on this point.  I think it's just a question that is
 
%   rarely opined on but often asked, so it's fitting for this Guide to cover
 
%   it, and for addition on this point in the FAQ.
 

	
 
\medskip
 

	
 
\label{GPLv2s2-at-no-charge}
 
The next phrase of note in GPLv2~\S2(b) is ``licensed \ldots at no charge.''
 
This phrase  confuses many.  The sloppy reader points out this as ``a
 
contradiction in GPL'' because (in their confused view) that clause of GPLv2~\S2 says that re-distributors cannot
 
charge for modified versions of GPL'd software, but GPLv2~\S1 says that
 
they can.  Avoid this confusion: the ``at no charge'' \textbf{does not} prohibit re-distributors from
 
charging when performing the acts governed by copyright
 
law,\footnote{Recall that you could by default charge for any acts not
 
governed by copyright law, because the license controls are confined
 
by copyright.} but rather that they cannot charge a fee for the
 
\emph{license itself}.  In other words, redistributors of (modified
 
and unmodified) GPL'd works may charge any amount they choose for
 
performing the modifications on contract or the act of transferring
 
the copy to the customer, but they may not charge a separate licensing
 
fee for the software.
 

	
 
GPLv2~\S2(b) further states that the software must ``be licensed \ldots to all
 
third parties.''  This too yields some confusion, and feeds the
 
misconception mentioned earlier --- that all modified versions must be made
 
available to the public at large.  However, the text here does not say
 
that.  Instead, it says that the licensing under terms of the GPL must
 
extend to anyone who might, through the distribution chain, receive a copy
 
of the software.  Distribution to all third parties is not mandated here,
 
but GPLv2~\S2(b) does require re-distributors to license the whole work in
 
a way that extends to all third parties who may ultimately receive a
 
copy of the software.
 

	
 
In summary, GPLv2\ 2(b) says what terms under which the third parties must
 
receive this no-charge license.  Namely, they receive it ``under the terms
 
of this License'', the GPLv2.  When an entity \emph{chooses} to redistribute
 
a work based on GPL'd software, the license of that whole 
 
work must be GPL and only GPL\@.  In this manner, GPLv2~\S2(b) dovetails nicely
 
with GPLv2~\S6 (as discussed in Section~\ref{GPLv2s6} of this tutorial).
 

	
 
\medskip
 

	
 
The final paragraph of GPLv2~\S2 is worth special mention.  It is possible and
 
quite common to aggregate various software programs together on one
 
distribution medium.  Computer manufacturers do this when they ship a
 
pre-installed hard drive, and GNU/Linux distribution vendors do this to
 
give a one-stop CD or URL for a complete operating system with necessary
 
applications.  The GPL very clearly permits such ``mere aggregation'' with
 
programs under any license.  Despite what you hear from its critics, the
 
GPL is nothing like a virus, not only because the GPL is good for you and
 
a virus is bad for you, but also because simple contact with a GPL'd
 
code-base does not impact the license of other programs.  A programmer must
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