On Mon, 15 Jun 2009, David Brownell wrote:

> No, it's extremely easily defensible.  They saw the license was
> GNU GPLv2, and they knew just what that means.  It's hardly news
> to anyone ever looks at licenses.  There would be no "retroactive
> revocation" going on, to just acknowledge reality by updating the
> docs so they don't suggest distributors may violate that license.
> (Any distributor with a brain already knew not to do that, but
> that doesn't mean anyone should encourage such violations.)

I agree on the distribution angle.  Probably no one considered OpenOCD 
mature enough to matter for actual distribution until now.  And with any 
non Windows system this is a non issue as there is libftdi anyway.

> This isn't even what I'd call "fine print" in the legal language.
> It's one of the most distinguishing features of the GPL.
> 
> Don't forget that the issue isn't having a "you may optionally
> use <closed source library/> in personal builds" option.
> 
> The issue is simply whether someone *DISTRIBUTING* binaries is
> allowed to rely on that library.  And permission for that has
> never been granted, through the license, by any contributor.

This position is of course a bit strong.  I doubt many people here care 
that much about using OpenOCD to promote the agenda behind the GPL.  

Yet, "relying" on a library is not what the GPL says.  The GPL talk 
about redistribution of code and binaries, and the constituents that are 
_linked_ together to define that binary. If libftd2xx is not statically 
linked, or even not distributed along with the compiled OpenOCD binary, 
then the case against it is highly arguable and far from being a black 
and white picture but rather a large gray spot.  Not admitting to this 
is pure ideology.

So I'm all in favor for a patch clarifying the documentation on this 
point, with the nuance that on Windows it is recommended that llibftd2xx 
must be installed separately for distribution of OpenOCD to _possibly_ 
be legal.  And the "possibly" is important here so to let lawyers 
determine it for sure if needed.


Nicolas
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