From: dunkel AT tocsy DOT chem DOT utah DOT edu (Reinhard Dunkel)
Subject: Legal aspects of using the GNU-Win32 tools?
24 Nov 1997 19:15:16 -0800
Message-ID: <199711240444.VAA35840.cygnus.gnu-win32@tocsy.chem.utah.edu>
To: gnu-win32 AT cygnus DOT com

I've ported a UNIX application to Windows 95/NT using the Cygwin32
API, the GNU-Win32 tools, and the X11R6.3 libraries from
ftp://niteroi.gsfc.nasa.gov/pub/win32/X11R6.3. Unfortunately, I am not
in a position to freely distribute the source code of this application
(automating the analysis of 2D NMR spectral data).  So I plan to give
out (or sell) my binary PC application without the used tools and
dynamically linked libraries. (Yes, every user would have to ftp the
libraries and tools from the original sites before being able to run
my ported application.)

I think this approach is in agreement with the licensing terms of the
porting software. But please tell me if I am missing something here! (I'd
rather be writing a native port than ending up in jail...):

All the used porting tools and dynamically linkable libraries fall
under the GNU GENERAL PUBLIC LICENSE or a less restrictive license.
Section 0 of the "GNU GENERAL PUBLIC LICENSE, Version
2, June 1991" defines:

  "Activities other than copying, distribution and modification 
  are not covered by this License; they are outside its scope. 
  The act of running the Program is not restricted, and the output 
  from the Program is covered only if its contents constitute a 
  work based on the Program (independent of having been made by 
  running the Program)."

  [...] a 'work based on the Program' means either the Program or 
  any derivative work under copyright law: that is to say, a work 
  containing the Program or a portion of it"

So I would say that the tools and dynamically linked libraries which I
used during the porting process shouldn't matter. I only have to make
sure, that I don't use static linking, and that I remove all porting
tools and dynamically linked libraries from my PC application. Am I
missing something here? Any input would be greatly appreciated!
-- 
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