It is my understanding that interpreted code is
considered to be data and hence not able to be
legally restricted in the same way that compiled
code can be.

Patrick Burns
[EMAIL PROTECTED]
+44 (0)20 8525 0696
http://www.burns-stat.com
(home of S Poetry and "A Guide for the Unwilling S User")

Gavin Simpson wrote:

>On Fri, 2006-05-19 at 15:43 -0700, Spencer Graves wrote:
>  
>
>>        I'd like to know what people think is the meaning of section 2.b of 
>>the GPL (http://www.gnu.org/copyleft/gpl.html#SEC1):
>>
>>        "You must cause any work that you distribute or publish, that in 
>>whole or in part contains or is derived from the Program or any part 
>>thereof, to be licensed as a whole at no charge to all third parties 
>>under the terms of this License."
>>
>>        After section 2.c, the GPL continues, "If identifiable sections of 
>>that work are not derived from the Program, and can be reasonably 
>>considered independent and separate works in themselves, then this 
>>License, and its terms, do not apply to those sections when you 
>>distribute them as separate works."
>>
>>        I'm not an attorney, but it would seem to me any code written in R is 
>>arguably "derived from" R.  Even if R code were not "derived from" R, I 
>>don't see how it could "reasonably be considered independent" of R.  If 
>>my interpretation is correct, then any claim by an R package developer 
>>to a license more restrictive than GPL would not be enforceable;  such 
>>claim would seem to violate the spirit, intent, and letter of the GPL.
>>    
>>
>
>{I cleared the recipients list out as this would have required moderator
>intervention before getting through}
>
>IANAL [1] but AFAICS this is referring to the source for R itself, not
>code written in the R language. Therefore, glmmADMB would not be
>violating the GPL as it is not releasing the source for R (or parts
>thereof) under a different or more restrictive licence. The authors of
>glmmADMB are free to choose their own licensing terms for their
>software, and they appear to have licenced the linking R code under the
>GPL. However, they are not required to release their ADMB software under
>the GPL or provide the source code, because it doesn't include GPL
>software as an integral part.
>
>Again, IANAL and may have got this all wrong - happy to be corrected -
>but that is my understanding...
>
>G
>
>[1] I Am Not A Lawyer
>
>  
>
>>        A "boundary" case is provided by the "glmmADMB" package.  As I read 
>>the GPL, this package must operate under GPL.  This means that if anyone 
>>wants their source code, the authors of that package are required to 
>>give it to them.  I just noticed that the version of "glmmADMB" that I 
>>downloaded 3/14/2006 does NOT contain a "src" subdirectory.  This 
>>surprises me, given the comment on "http://cran.fhcrc.org/banner.shtml"; 
>>that "we generally do not accept submissions of precompiled binaries". 
>>That is, however, not required by the GPL, as I understand it.  Rather, 
>>it seems to say that Otter Research (http://www.otter-rsch.com/), who 
>>distribute more general "AD Model Builder" software, could be required 
>>to make freely available source code for all the binaries they use. 
>>This should be fairly easy for them, because their "AD Model Builder" 
>>produces C++ code, which they could easily include in a "src" 
>>subdirectory of their package.  The GPL would NOT require them to 
>>distribute source code for the "AD Model Builder" itself, since that has 
>>an independent existence.
>>
>>        If anyone has any evidence contradicting the above, I'd like to know.
>>
>>        Best Wishes,
>>        Spencer Graves
>>
>>Marc Schwartz (via MN) wrote:
>>    
>>
>>>On Fri, 2006-05-19 at 17:59 -0300, Rogerio Porto wrote:
>>>      
>>>
>>>>While reading the various answers, I've remembered that
>>>>the juridic part can't be that so simple. If I'm not fogeting
>>>>something, there are some packages in R that has a more
>>>>restrictive licence than GPL.
>>>>
>>>>HTH,
>>>>
>>>>Rogerio.
>>>>        
>>>>
>>>Any CRAN packages (or other R packages not on CRAN) that have
>>>"non-commercial" use restrictions, likely would not be able to be used
>>>by the OP anyway, even prior to this new policy. 
>>>
>>>So I suspect that this would be a non-issue.
>>>
>>>If Damien's employer is willing to accept the GPL license (probably the
>>>most significant issue) and feels the need to pay for "something", they
>>>could make an appropriate donation to the R Foundation. Perhaps even
>>>secure a little PR benefit for having done so.
>>>
>>>Is Damien's employer allowing the use of Firefox instead of IE?  
>>>
>>>If so, the precedent within the confines of the policy has been set
>>>already. Firefox is GPL, free and no CD.
>>>
>>>There is an awful lot of "commercial" software out there than can be
>>>purchased online, "properly licensed" and downloaded, without the need
>>>for a physical CD. Anti-virus software perhaps being the most notable
>>>example.
>>>
>>>So:
>>>
>>>  License:             GPL
>>>  CD:                  Don't need one
>>>  Purchase:            Donation to the R Foundation
>>>  Being able to use R: Priceless
>>>
>>>:-)
>>>
>>>HTH,
>>>
>>>Marc Schwartz
>>>
>>>______________________________________________
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>>>      
>>>
>>______________________________________________
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>>    
>>

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