Re: Proprietary software on Top of free software

Kenneth Wong <[email protected]>
Newsgroups gmane.org.user-groups.linux.beijing
Message-ID <[email protected]>
On Fri, 19 Nov 2004 23:07:49 +0800, Matteo Paiato <mpaiato-/[email protected]> wrote:
> how is it possible for a company to develop a Closed Software on top of
> an Open source Platform such as Linux.

Now you enter the world of licenses, lawyers and much FUD :).  That's
an area with the greatest confusion and it doesn't help that we have
so few lawyers hanging around these discussion lists.

IANAL, but the simple answer to your question is that the GNU GPL
applies only to the original GPL code and derivates. From the license
text:

-----

These requirements apply to the modified work as a whole.  If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. 

-----

A database is not a derivative of an operating system, so you can run
Oracle on Linux without difficulty. They are obviously separate
programs. In general, only if you directly include code from GPL
software or tightly link to a GPL library do you get affected by the
GPL's conditions. If you are merely making system calls or connecting
via network sockets to GPL licensed software, you're ok.

The best reference point for the do's and do not's of the GPL is the
FSF's GPL FAQ, found at:

http://www.fsf.org/licenses/gpl-faq.html

The IOSN has a bunch of other resources on licensing at:

http://www.iosn.net/licensing/

Hope that helps. 

Ken
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