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Re: [ts-7000] GPL Litigation

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Subject: Re: [ts-7000] GPL Litigation
From: Ilya Goldberg <>
Date: Wed, 21 Nov 2007 21:24:32 -0500
IANAL, but your obligations are exactly the same as say, Oracle.
Their developers contributed code back to the Linux kernel to let it  
run their DB efficiently and securely.
Oracle is most certainly not free, or even reasonably priced.  Nor is  
its code freely available to anyone - even the Linux version.  IBM  
does this too - for DB2, and many other products that are not free.

If you have to modify the kernel or other GPL-licensed software (like  
busybox) to make your product work, then you have to contribute these  
code modifications back to the respective projects.  If you have to  
develop kernel modules, these don't have to be open-source (there's  
plenty of those, unfortunately), but kernel patches do.  You don't  
have to contribute the code modifications you made in the development  
process - only those that ended up in the product you distribute.   
Your product and its software is your own.

Its really not very hard.  If you're looking at a source file with a  
GPL license on top of it, be aware of what you're changing in that  
file.  Are you doing an experiment, or are you making modifications  
that will end up in your product?  If its in your product, then its  
based on someone else's work.  The compensation they ask is they want  
to see what you changed.  If you're starting with a blank page, then  
you get to put your own license on top.  Be careful of what your code  
links to.  If its LGPL ("lesser" or "library"), then you have no  
obligation.  If its a GPL library (readline is a prime example), then  
you have an obligation to release what's linked - even if you did  
start with a blank page.  This is not at all different from using  
other non-open, non-GPL code you may have access to.

And good luck finding a lawyer who knows about this stuff.  If you've  
got borderline cases, you should try to find one, but it would be  
much cheaper to just release the borderline cases.  Lawyers are much  
more expensive than developers.  Also, there's a lot less value  
embodied in keeping source-code proprietary than people think.
-Ilya

On Nov 21, 2007, at 4:36 PM, ndivner wrote:

> Hi all,
>
> In light of recent litigation with respect to Busybox and the GPL
> licence (see http://www.linuxdevices.com/news/NS8588416581.html) I
> would like to ask what my obligations are with respect to using a ts-
> 72xx running ts-linux in a commercial product.
>
> Any thoughts?
>
> Best regards,
>
> Noel Diviney.
>
>
>
>
> Yahoo! Groups Links
>
>
>



 
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