[OctDev] Fwd: GPL question about distribution of interface between GPL'ed code and GPL-incompatible software

[John Swensen]

A response like this from FSF frustrates me. I love open source  
software and I think the GPL has done *a lot* to help it along the  
way, but this is the point at which I find the GPL a bit cumbersome  
and obnoxious.  It is one thing to require the OCT file/octave module  
itself to be open source, but to then be audacious enough to claim  
that since NI isn't willing to open source their stuff that it is  
invalid to distribute such a module to help all those out there who  
don't want to have to write the same thing is (in my opinion)  
preposterous.

Kudeos to David for a "creative" solution ;)

John Swensen


On Jan 2, 2008, at 4:23 AM, Michael Goffioul wrote:

> Hi,
>
> Following the thread about octave license and oct files about 2  
> weeks ago,
> I contacted FSF lab for clarification. You can find the answer below  
> (Note
> the IANAL disclaimer notice). Basically, you cannot distribute in  
> any form
> oct file (or any code that is linked with octave) that is intended  
> to be linked
> with GPL-incompatible software: this means any proprietary software,  
> but
> also any free software with a GPLv3-incompatible license.
>
> Bye,
> Michael.
>
> ---------- Forwarded message ----------
> From: Brett Smith via RT <licensing at fsf.org>
> Date: Jan 2, 2008 4:09 AM
> Subject: Re: [gnu.org #350033] GPL question about distribution of
> interface between GPL'ed code and GPL-incompatible software
> To: michael.goffioul at gmail.com
>
>
> On Thu, 2007-12-20 at 15:45 -0500, Michael Goffioul via RT wrote:
>> Let's take the real-world example that started the discussion on the
>> mailing list. National Instrument's LabView is the most used  
>> instrumentation
>> software used in engineering. This software produces data files in a
>> proprietary format. National Instrument provides on their website  
>> DLL's
>> that allows other programs to read those data files using C++ code,
>> but these DLL's are of course closed source. Using these DLL's, it is
>> possible to write an Octave module (that would be free software,  
>> released
>> for instance under GPL) that would read the data and transfer them to
>> Octave. Once compiled, this Octave module would be linked against
>> the National Instrument's DLL's and against the Octave libraries.
>>
>> The question is then whether this is allowed. I know that a binary  
>> distribution
>> of such module is not possible according to GPL. However, the crucial
>> point is whether it is allowed to distribute such module under GPL,  
>> in
>> source form only and separated from the main Octave distribution. So
>> it would be up to the user to download the module source code,  
>> download
>> the NI DLL's, compile and link everything and use it only locally.
>
> Michael,
>
> Distribution of such a plugin in any form is not allowed.  It's only
> useful when combined with GNU Octave, so it's a derivative work, even
> when distributed independently.  That means that it, and all the  
> code it
> relies upon down to the System Libraries, need to be available under a
> GPL-compatible license.
>
> If you have further questions, please let me know.
>
> Best regards,
>
> --
> Brett Smith
> Licensing Compliance Engineer, Free Software Foundation
>
> Please note that I am not a lawyer.  This is not legal advice.
>
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