On 23/02/07, Abhijit Menon-Sen <[EMAIL PROTECTED]> wrote:
At 2007-02-23 08:55:15 +0530, [EMAIL PROTECTED] wrote:
>
> I constructed a simplified scenario (loosely based both on discussions
> elsewhere
In particular, on the linux-kernel list, where there's an ongoing thread
about EXPORT_SYMBOL_GPL and non-GPLed device drivers, and so on.
One of the biggest problems, as I see it, is that there is no clear
definition of what constitutes a derived work. The conventional wisdom
is that if you are not linking to it it's not a derivative work. The
problem is that linking is not a boolean -- there are gradations
involved. Static linking is definitely a derivative work, but what
about dynamic linking? What about RPC? What about tcp-based command
protocol like POP3? What about web-services?
Your POP3 example is propably an simplification of a more complex case
-- and even that is tricky.
To take a practical standpoint -- there are really only three choices:
1. GPL everything and do one of the open source business models (eg
Red Hat) which does not assume copyright ownership.
2. Implement everything yourself and do one of the open source
business models that assumes copyright ownership (MySQL, Trolltech)
3. Implement everything yourself and do a classical proprietary play.
Anythhing else and you're in murky legal waters and you'll probably
scare off your customers anyway.
-- b
-- b
