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Re: Can linux kernel claim it uses GPL v2?

From: Alexander Terekhov
Subject: Re: Can linux kernel claim it uses GPL v2?
Date: Sat, 07 Oct 2006 22:59:32 +0200

"do not conflict"

Sonny! Uncle Hasler Has spoken!!! 


(Professor Eben Moglen Replies)

2) Clarifying the GPL
by sterno

One issue that I know has come up for me is how the GPL applies in
situations where I'm using GPL software but I'm not actually
modifying it. For example, I write a Java application, and it is
reliant on a JAR that is GPL'd. Do I then need to GPL my software?
I haven't changed the JAR in anyway, I'm just redistributing it with
my software. The end user could just as easily download the JAR
themselves, it's just a convenience for me to offer it in my package.


The language or programming paradigm in use doesn't determine the
rules of compliance, nor does whether the GPL'd code has been modified.
The situation is no different than the one where your code depends on
static or dynamic linking of a GPL'd library, say GNU readline. Your
code, in order to operate, must be combined with the GPL'd code,
forming a new combined work, which under GPL section 2 (b) must be
distributed under the terms of the GPL and only the GPL. 

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