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Article #72464

Re: Too Good to be True?

#72464
From: The Grand Master
Date: Sat, 01 Feb 1992 19:19
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In article <1992Jan30.145611.2221@wvnvms.wvnet.edu> os360051@wvnvms.wvnet.edu (T. Kurt Bond) writes:
}In article <F6m0eB8w164w@mantis.co.uk>, 
}mathew@mantis.co.uk (Lieutenant 030) writes:
}> Hypothetical scenario:
}> I modify the "free" GNU Emacs code to make it use external versions of
}> the duff functions, and #ifdef out the duff ones (or just delete them).
}> 
}> I now have a port of Emacs to a new architecture.  I can sell it and
}> prohibit redistribution.  People can demand the "Emacs library" source and
}> can copy it freely, but it in fact is less useful than a plain old copy of
}> GNU Emacs.
}> 
}> That's what I mean by "...I can completely bypass the GPL."
}
}You can't do that.  The resulting program is clearly a derivative of GNU
}Emacs, which is distributed under the GPL, which says that any derivative
}programs must be licensed to all third parties for free, and that the complete
}source code must either acompany the executable or be available for the cost of
}distribution.
}
Not quite. 

If he distributes his modified form of Emacs in source form (not his own
proprietary functions) he has followed the GPL. His proprietary functions
are certainly NOT a derivitave of emacs - they could conceivably be used
with any program, and since he gave the programmer just descriptions
of what the functions should do, and not actual gnu code, the proprietary
code written was CLEARLY not derived from GNU code.
The GNU derivitive (modified emacs to call his proprietary functions)
IS distributed or offered to be for distribution costs.
The proprietary work (which could also be sold in conjuction with
other programs that could make use of it) is NOT NOT NOT GNU derived, 
and thus is NOT covered by the GPL.

}Now, if GNU Emacs was distributed under the LGPL (what is the proper acronym?),
}the GNU Public *Library* License, you could do that.  It isn't.  The Library
}License was intented to encourage use of GNU libraries, even to the point of
}allowing their use in commercial software, as long as the user can change the
}library and relink the program.
}


You are thinking backwards. If his functions called emacs functions, then
your analysis would be correct, but it is the other way around. The EMACS
code is not a library which the proprietary software is using. 

			Bruce
-- 
-How long must we fight? How long        Courtesy of Bruce Varney
 until we can live in peace.             asg@sage.cc.purdue.edu 
-Until the madmen are dead my son,      
 Or until they realize that they cannot count on us to do nothing
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From: asg@sage.cc.purdue.edu (The Grand Master)
Newsgroups: gnu.misc.discuss
Subject: Re: Too Good to be True?
Message-ID: <33780@mentor.cc.purdue.edu>
Date: 1 Feb 92 19:19:40 GMT
References: <MIB.92Jan27201417@geech.gnu.ai.mit.edu> <F6m0eB8w164w@mantis.co.uk> <1992Jan30.145611.2221@wvnvms.wvnet.edu>
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