On 2009/06/30 19:59, Ger Teunis <g.teu...@gmail.com> wrote:
> Hi Max,
>
> First of all I have to congratulate you with the excellent MPD application.
> I created the repository and installer for the Network Media Tank and  
> was still publishing MPD for Network Media Tank users.
> Today I was contacted by an user of the forum mentioning that I was  
> publishing a application which as breaking the GPL license.
>
> After some discussion and GPL study it seems it is not breaking any  
> license it is just linked to a closed source system library.
> I know this is not preferable in open source word, but almost all GPL  
> Windows programs are linked in a similar matter.
> I've hear that you really do not like the idea, in contrary to your MPD  
> is stating.
>
> Because it is not really breaking the GPL license and users really like  
> the product. Would you allow me to enable the download again so the  
> users can enjoy using your program again. I would really like the users  
> to install the product again.
>
> The previous developer got scared and is planning to bypass the system  
> library all together, but it will take a while. It would be sad if your  
> users could not use the MPD application until he is finished.
>
> So in short: we are not closing the source, respecting the GPL license  
> but only are linking (legally) to a system library.
> Hope you also would like the users to use MPD on NMT again.
> I've disabled the download for now, just to respect your opinion.

Hi Ger,

you do not have to ask for any permission, because I cannot give you
any.  There are nearly 100 copyright holders of the MPD code base, and
even if I allowed you to do something with my part of the code, there
would be 99 other people left who can sue you.

Copyright law allows you to download the source code, to compile and
use it, you are even allowed to link MPD with proprietary libraries!
Copyright law isn't about that, it is all about distributing copies.
The terms of the GPL strike when you distribute MPD, either as source
code or as binary.

You MUST NOT distribute MPD linked with proprietary code.  The GPL
does not allow that.

Linking MPD with a non-free library obviously creates a "derivative
work" of both.  GPL paragraph 6 states: "You may not impose any
further restrictions on the recipients' exercise of the rights granted
herein."  Problem is: your derived work has added restrictions,
because the non-free part limits the rights granted by the GPL.

You may have a different interpretation of the GPL or copyright law,
but keep in mind: the GPL has been proven in court in many countries
in similar cases, and any of the MPD contributors may sue you for
violating it.

Let's concentrate on promoting free code and open hardware, instead of
doing this discussion over and over.

Max

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