[EMAIL PROTECTED] wrote:
When I download an ISO of a Linux distro, I get many programs under
many incompatible licenses in a single file. Various lawyers have
clearly concluded that it's 'safe' to do this. So, the Eclipse plugin
author is being paranoid.


No.  The GPL specifically allows for "mere aggregation" of programs, such as
bundling two separate programs on the same CD, but disallows distribution of a
"derived work" unless that derived work is under the GPL.  The author of the
Eclipse darcs plugin is legally disallowed from shipping a version of darcs
that comes with the CPL'ed Eclipse darcs plugin.

I know this doesn't seem sensible, but that's the way it is.



This also means that if I hook up darcs and the darcs eclipse plugin together
(which has so far proved to be a non-trivial task...), I am technically
forbidden to give the resulting setup to a friend.

Similarly untrue, unless you actually have to compile/link them together.


No.  The GPL doesn't restrict you from compiling/linking things together when
the result is not GPL'ed.  It restricts you from creating a derived work when
the result is not GPL'ed. How that derived work fits together, such as by compiling/linking, by using an interpreter, by using "exec", etc. is
irrelevant to the requirement to GPL the result.


Apparently, you don't understand what a derived work is. A plugin that calls darcs as a seperate application (ie, fork and exec) is not a derived work. Derived work implies using source code from the existing work.

From the GPL FAQ:

If a program released under the GPL uses plug-ins, what are the requirements for the licenses of a plug-in.

** It depends on how the program invokes its plug-ins. If the program uses fork and exec to invoke plug-ins, then the plug-ins are separate programs, so the license for the main program makes no requirements for them. **

If the program dynamically links plug-ins, and they make function calls to each other and share data structures, we believe they form a single program, which must be treated as an extension of both the main program and the plug-ins. This means the plug-ins must be released under the GPL or a GPL-compatible free software license, and that the terms of the GPL must be followed when those plug-ins are distributed.

If the program dynamically links plug-ins, but the communication between them is limited to invoking the `main' function of the plug-in with some options and waiting for it to return, that is a borderline case.

What is the difference between "mere aggregation" and "combining two modules into one program"?

Mere aggregation of two programs means putting them side by side on the same CD-ROM or hard disk. We use this term in the case where they are separate programs, not parts of a single program. In this case, if one of the programs is covered by the GPL, it has no effect on the other program.

Combining two modules means connecting them together so that they form a single larger program. If either part is covered by the GPL, the whole combination must also be released under the GPL--if you can't, or won't, do that, you may not combine them.

What constitutes combining two parts into one program? This is a legal question, which ultimately judges will decide. We believe that a proper criterion depends both on the mechanism of communication (exec, pipes, rpc, function calls within a shared address space, etc.) and the semantics of the communication (what kinds of information are interchanged).

If the modules are included in the same executable file, they are definitely combined in one program. If modules are designed to run linked together in a shared address space, that almost surely means combining them into one program.

** By contrast, pipes, sockets and command-line arguments are communication mechanisms normally used between two separate programs. So when they are used for communication, the modules normally are separate programs. But if the semantics of the communication are intimate enough, exchanging complex internal data structures, that too could be a basis to consider the two parts as combined into a larger program. **


--
--Max Battcher--
http://www.worldmaker.net/
The WorldMaker.Network: Support Open/Free Mythoi. Read the manifesto @ mythoi.com

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