GPL - possible violation - what should I do?

Claus Färber list-fsf-eu-discussion at faerber.muc.de
Tue Mar 19 08:47:00 UTC 2002


Jan Wildeboer <jan.wildeboer at gmx.de> schrieb/wrote:
> http://www.fsf.org/licenses/gpl-faq.html#GPLAndPlugins

The FAQ unfortunatly has a legal opinion that is probably not
compatible with most copyright laws, especially German
Urheberrecht:

If a plugin is not based on code of yours but rather uses an
interface to "communicate" with it - be it fork/exec, function
calls or other methods - it is not a work dereived from yours, so
your copyright simply does not apply.

Even an include() statement does not make the plug-in in the form
it is _distributed_ in a dereived work.

Further, it might be a violation of antitrust laws if GNU software  
becomes more prominent.

It is probably not a very good idea to test this aspect of the GPL
in court.

Claus (No I'm not yet a lawyer but a law student specialising in
       IP law)
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