JSonnabend;149470 Wrote: 
> To my knowledge, this has never been tested in court.  In my
> understanding, the whole "you link to it you're infected" position is
> based on a twisted definition of "derivative work" under copyright law.
> 
> 
> I'd gladly take a case from an accused "linker" pro bono on this
> point.
> 
> - Jeff

There are multiple type of links, which muddies this issue.

If I use GPL header files and libraries in code I wrote, and then
compile it, the resulting binary must be distributed under a GPL
compatible license.  That's pretty sensible, though: the resulting
binary is not entirely your own work--it is work that partially
includes/is derived from the libraries.  If you want to distribute only
the source code you wrote, you can do this under any license you like. 
But you can't take someone else's work (the library bits) and
distribute it or your derivative under your choice of licenses.  Jeff,
if you took this case pro bono, I'd recommend settling out of court. 
You will lose.

If you have a program that is either entirely your own work or is based
on more permissive licenses for the libraries, you can also "link" it to
GPL software through sockets and pipes, etc.  Of course you can
distribute that binary however you see fit (assuming your libraries
allow it).

The GPL simply does not jump out of one program and enter another all
on its own.  It's not any more viral than any other license.  The
author of the "infected" code must intentionally inject GPL code into
their program (i.e. agree to the license, and then violate it).  It's
worth mentioning that you'd also get sued into oblivion if you
redistributed Microsoft's software as part of your own software without
a license.  The only difference is that it's logistically easier to
improperly create a derivative work from GPL software than it is to
"accidentally" release an operating system that looks a lot like
Windows XP except with a few tweaks here and there.  "But the source
code was a free download" is no excuse for violating a license,
whatever the license.


-- 
CatBus
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