Re: gEDA-user: firmware and the GPL license

["Chris Albertson" <albertson.chris@xxxxxxxxx>]

On Nov 15, 2007 5:00 AM, Duncan Drennan <duncan.drennan@xxxxxxxxx> wrote:
> I've been looking at using some GPL'ed firmware code on a USB board
> that I've designed. The board is part of design project for one of my
> clients.
>
> After some reading my interpretation of the GPL is that if I compile
> that code into my firmware which will be "conveyed" to the client,
> then the entire firmware code now has to fall under the GPL. This
> effectively means that my client would have to open source their
> firmware if I make use of the GPL'ed code.
>
> So two questions:
>
> 1) Is the above interpretation correct?
> 2) What practical licenses are out there for this type of situation?

In your case where you are wrinting code and you make use of GPL'd
code then yes you should release your code under GPL.  But there is
an exception.  The exception is for a GPL'd component that provides
some well defined functon that could be provided by some other
component.  An example of this would by a Windows DLL.  Just because
your program calls a DLL that is GPLd your program does not have to
be GPL'd.  The key is the degree of separation.  The DLL case is clear
cut because any number of programs can call the same DLL and the
DLL can be distributed independently of the programs that use it.
As long as you maintain this level of independence you are not
effected by GPL.

If you link in the GPL'd code and make a single object that cannot
be taken apart then the object you made must be covered by GPL
and you need to offer the source code.

But then the next person who gets your product gets to repeat this.
If he re-sells your device he needs to offer to give away your source code
but he may not have tied your code to his into one big executable
object.  Perhaps he has only put your gadget and his product in the same box
in that case he is re-selling a GPL'd product and some other product.
The key test again if if the final product is like the DLL, modular and
in theory an end user could replace one part at a time.


-- 
=====
Chris Albertson
Redondo Beach, California


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