If you're concerned, simply don't bundle capistrano with your application; 
use it independently. Your capistrano deploy scripts don't even need to be 
in the same repository, let alone the Gemfile.

To add to what Grant said: rsync is GPL; if you used rsync to deploy your 
application, it doesn't mean your application now must be licensed under 
the GPL.

Also, unless I'm missing something, leehambley is also the author of 
sshkit, and came right out and said you specifically are fine to use it. So 
what are you concerned about? Him reneging and suing?

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