Re: wxWindows library license infected by GPL?

2003-12-12 Thread Arnoud Engelfriet
David Akdikmen wrote:
 We are wondering about the wxWindow license.  We like to develop a
 commercial application using this toolkit.  We are worried that the
 exceptions listed under the license will be voided by the viral effect of
 the GPL license.

You mean the exceptions listed at
http://www.opensource.org/licenses/wxwindows.php
I presume? 

According to that text, wxWindows is licensed under the Library
GPL with one exception. The exception is that you may use,
copy, link, modify and distribute under the user's own terms,
binary object code versions of works based on the Library. 
Normally you have to supply at least the source code of the
Library to those you distribute binaries to.

 Are the exception notice invalidated by the GPL?  So we would
 have to GPL the rest of our application if we use wxWindows in
 it?

If what you have received as 'wxWindows' is in fact the code
licensed under this license, you have nothing to do with
the GPL. Someone might have incorporated GPL-licensed code
in the work without telling anybody, in which case he has
violate the wxWindows license (see article 3). Such code
may not be distributed by anyone. 

I do not see how such an act could result in your code having
to be licensed under GPL. You may have to stop distributing
your application until you have replaced the offending code
though, but that's always a risk when using third party code.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3


Re: wxWindows library license infected by GPL?

2003-12-12 Thread Daniel Carrera
 We are wondering about the wxWindow license.  We like to develop a 
 commercial application using this toolkit.  We are worried that the 
 exceptions listed under the license will be voided by the viral effect 
 of the GPL license.

1. The GPL license is not viral.  It is not POSSIBLE to write a viral 
license, even if you try, because such a thing is not permitted under 
copyright law.  That is, no one can force you pick a license.  All I can 
do is say that you can use my work under such and such conditions.  If you 
don't comply with those you have to either stop using my work without 
permission or comply with my terms.  There is a difference here.  The GPL 
never forces you to use the GPL.  You always have the choice to just not 
use my work.

Even if you have already begun distributing work that illegally copies my 
GPL code, your work does not become GPL.  But you might get a letter from 
my lawyer telling you to stop.


2.  The point is moot, because wxWindows is not GPL.


 Are the exception notice invalidated by the GPL?

No.

Suppose I release my work under a license that says GPL + the following 
exeptions.

Then my work is not being released under the GPL.  It is being released on 
a different license.


Furthermore, wxWindows' license is not even based on the GPL to begin 
with.  It is based on the LGPL which is designed to permit libraries to be 
used on closed-source projects.


 So we would have to GPL the rest of our application if we use wxWindows 
 in it?

No.  wxWindows is already frequently used on closed-source applications.

Given your misunderstanding of the GPL and the wxWindows license, I would 
guess that you probably think that the GPL requires you to give out your 
application for free.  A lot of people think that.  This is not true.  You 
say commercial as if the GPL could only be used on non-commercial 
software.  You are always allowed to charge money for the software.  The 
GPL simply stipulates the terms of distribution of the software.


You might argue that the GPL makes it difficult to charge a very large 
ammount for software because people will be tempted to just make their own 
copies.  This is correct.  But it is an orthogonal issue.  Not to be 
confused with the actual terms of the GPL.

Best,
Daniel.
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3