Mail Archives: cygwin/2004/09/19/16:14:33
3APA3A wrote:
> Dear Jani tiainen,
>
> --Sunday, September 19, 2004, 9:33:42 AM, you wrote to cygwin AT cygwin DOT com:
>
>
> Jt> If you compile it under Cygwin _and_ link your app against _any_ GPL
> Jt> library (including cygwin1.dll in Windoze) your application license must
> Jt> be GPL. You still hold copyright for your original work (and your later
> Jt> modifications) and thus can do anything with that piece of code eg.
> Jt> there is some examples (like MySQL) that uses dual licensing, one which
> Jt> is GPL and one commercial.
>
> Most libraries (Cygwin is exception) come with LGPL, not GPL license.
> LGPL allows you to create commercial application linked against this
> library as long as you provide a way to replace LGPLed library (for
> example application links to library dynamically).
Well actually when you compile library with cygwin1.dll, it will be
changed to GPL. There is even clause in LGPL that makes it possible.
Amazing, isn't it..?
> In some cases it's still possible to use some GPLed libraries in
> commerce application, if application is not "derived work" in terms of
> GPL (for example you can use GPLed plugins as long as you distribute
> plugin apart from you application and you distribute plugin in open
> source under GPL).
Well, actually you can distribute plugin too, but you need to distribute
sources etc. Usually it's much simpler to point out place where to get
that particular plugin. Or like it's with cygwin, easier to point out to
download & install cygwin than distribute whole mess by yourself.
> Additionally, there is a lot of difference "freeware" licenses and
> "public domain" code, not covered by any license.
They still are, their license are pretty "free". You can use software as
you may. Still it's a license even very short one.
> As for Cygwin: yes, according to GPL all derived work must be GPLed.
>
> Copyright question is not so simple as you may think, but it primary
> depends on the contracts between you and your employer.
Common practice is that company you work for owns copyright for code
made at work hours. Everything else is your own. Of course this is
contract guestion, but I have never heard that copyright stays with
coder while working for employer - Who would risk situation that when
coder leaves he/she takes code with him/her? But I've heard that
sometimes employer has (at least offered) contract that _all_ code
written by individual in question is property of employer. But I don't
know for other countries, but at least here in Finland such a agreement
is void and it is called 'act of fairness'.
More or less problematic is code made in institutions, universities and
school, but I'll leave that one out.
And most of these legal matters are still officially untested in court
of law. Many times these are pretty delicate matters and are settled
outside court.
--
Jani Tiainen
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