adam shea wrote: > I'm contemplating creating a "derived work" based on the Linux Kernel but am > not sure what my obligations would be under the conditions of the GPL v2. > I'm no lawyer so I am confused about section 2 of the GPL v2 (included for > reference). > > It seems to me that I would need to use the GPL for my "derived work" only > if I were to distribute or publish my "derived work." Furthermore, if this > is the case, what constitutes "distributing" and/or "publishing." > > Say I were to use my "derived work" strictly for testing proprietary > interfaces. Interfaces that I am not allowed to disclose to the general > public and will most definetely upset my employer very much if I were to do > so. I can create a "derived work" based on the Linux kernel and not license > it under the GPL so long as it is never released? Or, would it be the case > that letting someone else (someone on my team) use the "derived work" > constitutes "distribution."
You would only be obliged to make the source code available to those you distributed the binary to, i.e. to members of your team. (standard IANAL disclaimer...) > > Does anyone have experience with creating derived works from software > licensed under the GPL v2, and if so can you share your thoughts? > > Thanks, Adam > > > --- > 2. You may modify your copy or copies of the Program or any portion > of it, thus forming a work based on the Program, and copy and > distribute such modifications or work under the terms of Section 1 > above, provided that you also meet all of these conditions: > > a) You must cause the modified files to carry prominent notices > stating that you changed the files and the date of any change. > > b) 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. > > c) If the modified program normally reads commands interactively > when run, you must cause it, when started running for such > interactive use in the most ordinary way, to print or display an > announcement including an appropriate copyright notice and a > notice that there is no warranty (or else, saying that you provide > a warranty) and that users may redistribute the program under > these conditions, and telling the user how to view a copy of this > License. (Exception: if the Program itself is interactive but > does not normally print such an announcement, your work based on > the Program is not required to print an announcement.) > > These requirements apply to the modified work as a whole. 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. But when you > distribute the same sections as part of a whole which is a work based > on the Program, the distribution of the whole must be on the terms of > this License, whose permissions for other licensees extend to the > entire whole, and thus to each and every part regardless of who wrote it. > > Thus, it is not the intent of this section to claim rights or contest > your rights to work written entirely by you; rather, the intent is to > exercise the right to control the distribution of derivative or > collective works based on the Program. > > In addition, mere aggregation of another work not based on the Program > with the Program (or with a work based on the Program) on a volume of > a storage or distribution medium does not bring the other work under > the scope of this License. > > --- > > > -- > "Intelligence is the ability to avoid doing work, yet getting the work > done." > -Linus Torvalds > ============================================================================= michaelMuller = [email protected] | http://www.mindhog.net/~mmuller ----------------------------------------------------------------------------- Society in every state is a blessing, but government even in its best state is but a necessary evil; in its worst state an intolerable one... - Thomas Paine ============================================================================= _______________________________________________ Mid-Hudson Valley Linux Users Group http://mhvlug.org http://mhvlug.org/cgi-bin/mailman/listinfo/mhvlug Upcoming Meetings (6pm - 8pm) MHVLS Auditorium Apr 6 - Introduction to IPv6 May 4 - Inkscape Jun 1 - Zimbra
