List Info

Thread: Re: Modules that integrate non-GPL PHP apps violate the GPL.




Re: Modules that integrate non-GPL PHP apps violate the GPL.
country flaguser name
Sweden
2007-08-31 07:05:46
Laura Scott wrote:
> On Aug 30, 2007, at 8:32 AM, Jeff Eaton wrote:
>> GPL software *may not derive from non-GPL
components* unless the 
>> copyright holders make them GPL'd as well. This is,
according to the 
>> GPL, to protect the GPL license from being abused
by companies that 
>> write proprietary software with a thing GPL'd
"wrapper" that is 
>> useless when not used with the pricey software.
>
> I'm all behind this reasoning. However....
>
>>
>> I'll quote Brett Smith, the helpful GPL guy who
spent a couple days 
>> hashing this out with me.
>>
>> ----
>> Perhaps you meant some kind of web services API,
like a REST
>> interface.  That's a little more borderline.
>>
>> There could also be other ways to construct the
bridge that even more
>> clearly avoid making a derivative work.  For
example, if the bridge 
>> didn't
>> call functions from either program, and instead
just read from or 
>> wrote to
>> their underlying databases directly, that probably
wouldn't create a
>> derivative work.  If there were command-line tools
available that the
>> bridge could call to help with its work, using
system() or similar
>> functionality, that probably wouldn't make a
derivative work either.
>>
>> I should also point out that if CMS developers want
to make this sort of
>> bridge development unambiguously okay, they could
do so by providing 
>> some
>> sort of licensing exception as described at
>> <http://www.fsf.org/licensi
ng/licenses/gpl-faq.html#LinkingOverControlledInterface>.
 
>>
>> This requires the assent of all the copyright
holders, so I realize 
>> it may
>> not be a feasible option for every free CMS, but it
is out there.
>
> This reasoning seems to employ arguments made by the
RIAA and MPAA, 
> except to opposite effect.

That might be due to the fact that both FSF/GNU and
RIAA/MPAA use the 
same copyright law. 

> I write this as a GPL advocate and a big believer in
open source. GPL 
> open source software is greatly advantaged to dominate
the software 
> world eventually, but trying to force that through
legal ownership 
> assertions strikes me as a great way to undermine the
whole movement.

The beauty of GPL is that is doesn't fight the copyright
laws. Quite the 
opposite! GPL leverage on the copyright laws to protect your
freedom to

    * to run the program for any purpose.
    * to study and modify the program.
    * to copy the program so you can help your neighbor.
    * to improve the program, and release your improvements
to the 
public, so that the whole community benefits.

Or, as Dr. Debora Halbert put it:

    "Essentially, Stallman has codified sharing in
order to prevent
    profiteers from stealing from the public domain. The GPL
cleverly
    uses the power of copyright law (which allows the author
of the
    product to control its use and distribution) to provide
software for
    free.[56] In this way he transformed the rules of the
game and
    redefined copyright (what he calls copyleft) into a tool
the
    supports the creator and users of software."

    See § 46 in
    http://www.murdoch.edu.au/e
law/issues/v10n4/halbert104_text.html#GNU/GPL%20License_T.


> For example, this API argument: by prohibiting use of
APIs to bridge 
> differently-licensed applications (and aren't APIs
developed 
> *precisely* to bridge two different applications?)
we're forcing a 
> "dumbing down" of work (and sundry other
potential problems and risks) 
> by legally requiring the bypassing of established
application 
> methodologies (such as security protocols) to write
direct queries to 
> databases.
>
> How are we going to build an integrated world when GPL
starts claiming 
> rights to all that touch it? We're going from the
freedom that comes 
> from building a commons to the restriction that comes
from making that 
> commons a fenced-in zoo.
>
> Maybe I'm wrong and going off in high spirits for no
reason. The net 
> result, I fear, is the creation of a GPL ghetto where
anybody with one 
> foot in the proprietary -- i.e., real -- world is given
reason to 
> hesitate coming within a country mile of GPL, just when
GPL apps are 
> poised (and have already started) to transform the
mainstream business 
> world.

GPL allows you to use both GPL:ed and non-GPL:ed API:s to
bridge 
different applications. GPL also allows you to distribute
the derivative 
work which emerges thereby. But to make sure that *you*
don't deny the 
receiver the same rights as you got, GPL requires you to
distributed the 
derivative work under GPL. Therefore I think this
reciprocity of GPL 
(a.k.a. "copyleft") is something very good.

The reciprocity prevents *distribution* of works derived
partly from a 
third-party software with a license which is not compatible
with GPL. 
Normally, this is also something good. As is said on the GPL
FAQ:

    "If we permitted company A to make a proprietary
file, and company B
    to distribute GPL-covered software linked with that
file, the effect
    would be to make a hole in the GPL big enough to drive a
truck
    through. This would be carte blanche for withholding the
source code
    for all sorts of modifications and extensions to
GPL-covered software."

    See
    http://www.gnu.org/licenses/old-lice
nses/gpl-2.0-faq.html#TOCMoneyGuzzlerInc


But, as this discussion is about, this can also pose a
hindrance for 
situations where it can seem reasonable to include software
with license 
not compatible with GPL.

For an example, imagine someone who has put in a lot of
effort to write 
code that integrates a popular but proprietary software with
Drupal. So 
far it is okay under GPL. But now he wants to share his
effort with the 
community. Since the integration code calls functions and
share data 
structures with both the proprietary software and Drupal, it
is not allowed.

Fortunately, there is a solution. As long as you don't
revoke any rights 
granted by GPL, you can add your own terms and conditions.
This can be 
used to allow integration with software under a license
incompatible 
with GPL. Two examples on this:

  * 
http://www.gnu.org/licenses/old-lic
enses/gpl-2.0-faq.html#GPLIncompatibleLibs
  * 
http://www.gnu.org/licen
ses/old-licenses/gpl-2.0-faq.html#LinkingOverControlledInter
face

So, to solve the problem that the licensing of Drupal
currently force us 
to "dumbing down" or "bypassing of
established application 
methodologies", I suggest that the Drupal licensing is
supplemented with 
an exception for module developers linking through hooks.

> Vivek Purl wrote:
>
>> Just for background this issue has come up because
>> Joomla  have decided to "fully" comply
with GPL. This
>> raised a few question for SMF team and they
discussed
>> it with FSF. The final result of that discussion is
if
>> php ( or any other scripting language ) which is
>> distributed in source form is bridged to a non GPL
>> software also distributed in source form then it
>> violates the GPL.
>>
>> The immediate effect for drupal is that VB and SMF
>> bridges are violating GPL. It doesn't matter if
its
>> being distributed via d.o. or not.
>
> So GPL apps are prohibited from touching non-GPL apps.
I'll be snarky 
> and say this is the kind of thing that happens when
lawyers get 
> involved. Time to stop developing software and start
developing new 
> licenses and lawsuits!
>
> Laura (who's still wondering what was wrong with
GPLv2)

Pardon???

All what had been said applies to GPL v2 as well as v3. So
you concerns 
must consequently also apply to GPL v2 which is used by
Drupal. Correct?


Best regards,
Thomas

Re: Modules that integrate non-GPL PHP apps violate the GPL.
country flaguser name
United States
2007-08-31 08:50:30
On Aug 31, 2007, at 6:05 AM, Thomas Barregren wrote:

> The issue original brought up by Jeff Eaton was about
the fact that  
> it is not permissible to write modules that bridge
software with a  
> license not compatible with GPL.

This interpretation is tragic for GPL applications, imho. It
makes  
GPL toxic to other non-GPL applications out there. IANAL. I
speak  
only to my perception of how such reasoning can effect the
adoption  
of GPL throughout the world.

>>
>> This reasoning seems to employ arguments made by
the RIAA and  
>> MPAA, except to opposite effect.
>
> That might be due to the fact that both FSF/GNU and
RIAA/MPAA use  
> the same copyright law. 

Law is open to interpretation, and the legal tactics of the
RIAA and  
MPAA are hardly universally viewed as being consistent with
copyright  
law.

Not to mention how they are attacking their own customers in
the  
process and undermining their own markets. I believe the
cliche is  
"to cut off ones nose to spite ones face."

>
>> I write this as a GPL advocate and a big believer
in open source.  
>> GPL open source software is greatly advantaged to
dominate the  
>> software world eventually, but trying to force that
through legal  
>> ownership assertions strikes me as a great way to
undermine the  
>> whole movement.
>
> The beauty of GPL is that is doesn't fight the
copyright laws.  
> Quite the opposite! GPL leverage on the copyright laws
to protect  
> your freedom to
>
>    * to run the program for any purpose.

--except to integrate with any non-GPL application.

>    * to study and modify the program.

--unless, of course, you want to bridge it with a non-GPL  
application, apparently.

>    * to copy the program so you can help your
neighbor.

--unless, of course, you want to help your neighbor
integrate a GPL  
application into his non-GPL universe.

>    * to improve the program, and release your
improvements to the  
> public, so that the whole community benefits.

--unless, of course, you software doesn't, in effect, ignore
the non- 
GPL world.

Suddenly there are caveats in there.

>
> GPL allows you to use both GPL:ed and non-GPL:ed API:s
to bridge  
> different applications. GPL also allows you to
distribute the  
> derivative work which emerges thereby. But to make sure
that *you*  
> don't deny the receiver the same rights as you got, GPL
requires  
> you to distributed the derivative work under GPL.
Therefore I think  
> this reciprocity of GPL (a.k.a. "copyleft")
is something very good.
>
> The reciprocity prevents *distribution* of works
derived partly  
> from a third-party software with a license which is not
compatible  
> with GPL. Normally, this is also something good. As is
said on the  
> GPL FAQ:
>
>    "If we permitted company A to make a
proprietary file, and  
> company B
>    to distribute GPL-covered software linked with that
file, the  
> effect
>    would be to make a hole in the GPL big enough to
drive a truck
>    through. This would be carte blanche for withholding
the source  
> code
>    for all sorts of modifications and extensions to
GPL-covered  
> software."
>
>    See
>    htt
p://www.gnu.org/licenses/old-licenses/gpl-2.0- 
> faq.html#TOCMoneyGuzzlerInc
>
>
> But, as this discussion is about, this can also pose a
hindrance  
> for situations where it can seem reasonable to include
software  
> with license not compatible with GPL.
>
> For an example, imagine someone who has put in a lot of
effort to  
> write code that integrates a popular but proprietary
software with  
> Drupal. So far it is okay under GPL. But now he wants
to share his  
> effort with the community. Since the integration code
calls  
> functions and share data structures with both the
proprietary  
> software and Drupal, it is not allowed.

That's the problem, isn't it? Suddenly "free" does
not mean what it  
means. That also seems to mean that proprietary systems need
not try  
to integrate with Drupal, even if they want to offer such
integration  
to the community under GPL. According to the reasoning at
the top of  
this thread, GPL prevents them from doing that. That is a
shame  
because it could seriously hinder or prevent the adoption of
Drupal  
and other GPL software throughout the business world (where
I argue  
it could do a lot of good).

>
> Fortunately, there is a solution. As long as you don't
revoke any  
> rights granted by GPL, you can add your own terms and
conditions.  
> This can be used to allow integration with software
under a license  
> incompatible with GPL. Two examples on this:
>
>  * htt
p://www.gnu.org/licenses/old-licenses/gpl-2.0- 
> faq.html#GPLIncompatibleLibs
>  * htt
p://www.gnu.org/licenses/old-licenses/gpl-2.0- 
> faq.html#LinkingOverControlledInterface
>
> So, to solve the problem that the licensing of Drupal
currently  
> force us to "dumbing down" or "bypassing
of established application  
> methodologies", I suggest that the Drupal
licensing is supplemented  
> with an exception for module developers linking through
hooks.

All we need to do is track down everyone who has contributed
code to  
the Drupal project and get their okay, right?


>> Laura (who's still wondering what was wrong with
GPLv2)
>
> Pardon???
>
> All what had been said applies to GPL v2 as well as v3.
So you  
> concerns must consequently also apply to GPL v2 which
is used by  
> Drupal. Correct?

That signoff followed  "Time to stop developing
software and start  
developing new licenses and lawsuits!" It was
deliberately snarky,  
and as such perhaps confusing to some. My apologies.

Laura



[1-2]

about | contact  Other archives ( Real Estate discussion Medical topics )