Keith Gaughan wrote:
> Jochem van Dieten wrote:
>> 
>> The GPL requires that you provide the source code of every 
>> application that incorporates or links a GPL licensed library to 
>> everybody that has obtained a compiled version from you without 
>> limits on change, use or redistribution other then the GPL itself.
> 
> There's one little proviso that many people miss out here.
> 
> You can still use GPLed libraries in commercial apps without releasing
> your source just as long as the GPLed libraries and the commercial
> code don't touch. There's a few ways in which this can be done. These
> depend on forms of loose coupling, making the result a mere aggregation
> as opposed to a derivative work.
> 
> Dynamic Linking
> ===============

> Aside: The GPL FAQ disagree with me on this.

I think that is an important disclaimer. You might also want to 
check the current interpretation of linking as for instance MySQL 
uses it. The fact that the latest MySQL/J drivers are not in CF 
MX 7 and similar comments from NewAtlanta would not make me sleep 
better. (Not that I use MySQL if I can avoid it.)


> Thunking Layers
> ===============
> 
> You write a small wrapper library that talks to the GPLed code. Dynamic
> Linking is a variant of sorts on this, but in this case you're doing
> everything manually rather than automatically, and the GPLed code will
> still probably be statically linked anyway. You then license the wrapper
> library under a suitable GPL-compatible license, such as the BSD license
> or LGPL.

It might work that way in some places. But in the US you might 
want to check if you have not created a copyright circumvention 
device illegal under the DMCA.


>> The GPL is often called 'viral' because using a little bit of GPL 
>> code in an application 'infects' the rest of the application. The 
>> LGPL does not have this problem. But it is important to recognize 
>> that nobody can force you to give away your sourcecode. If you 
>> don't adhere to the GPL you are violating IP law and somebody 
>> might claim damages, but the law does not recognise "open-source 
>> your own code" as a remedy.
> 
> OTOH, it doesn't need to recognise it. Licenses are part of contract
> law, and its under contract law that the arguments would be made.

But because it is contract law only the party you have the 
contract with can enforce it. So if the person you sell your 
application which incorporates GPL code wants the source, they 
can not claim the GPL entitles them to it. Only the writer of the 
GPL code can claim that.


> PS. Jochem, you don't mind if I post this on my blog, do you?

No.

Jochem

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