On Thu, Feb 12, 2004 at 07:34:45PM -0700, Andrew Hunter wrote: > Perhaps those more familiar with the GPL can help me out. at what point > does code become GPL? For example, assuming that the leak of NT and > 2000 source code is not a hoax, and that the code was compiled using GPL > tools, would it become GPL itself? Or, if it were discovered that there > is some GPL in the code, does the whole thing become GPL? What's the > deal?
For code to become GPL'd it must be explicitly licensed under the GPL by the copright owner. If there is GPL'd code in windows, and the owner of that code sues for rectification then Microsoft, according to the GPL, will either a) have ot re-release that code properly as GPL'd work including the fulfillment of all conditions which the GPL enumerates above those enumerated by plain copyright law in order to continue use of the code, or b) stop using the code. Often when infringement of this nature is discovered, the copyright is assigned by the copyright owner to the FSF who would have sufficient legal strength to pursue the case. Using GPL'd tools to compile non-GPL'd software does not violate the GPL, copyright law, or any other legally sound copyright license. This point can be really be foul seeing that there are vastly conflicting legal precedents. I prefer Linus' explanation which derives from quite a lot of simple logical sense. It's good he is the custodian of the Linux kernel, because his statements are always clear, effective, lucid, and simple; this betrays a clean, direct, and incisive intellect. You can read his thoughts in the COPYING.modules file in the root of any linux-2.4.XX* source tree. Unfortunately, there are ridiculous precedents possibly applicable to the general case of software copyright law: http://www.groklaw.net/article.php?story=20040212190859280 So, shortly lets answer these questions. No, even if Windows were to contain improperly used GPL'd code, the non-GPL'd portions wouldn't become GPL'd either in parts or in whole. No, using GPL'd tools most likely will not GPL your sofware if your software is not a derivative or modification of some GPL'd code. Justin _______________________________________________ newbies mailing list [EMAIL PROTECTED] http://phantom.byu.edu/cgi-bin/mailman/listinfo/newbies
