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Re: loading proprietary code from GPL

From: Rjack
Subject: Re: loading proprietary code from GPL
Date: Wed, 01 Apr 2009 14:57:53 -0400
User-agent: Thunderbird (Windows/20090302)

noamtm wrote:
Does the GPL (v2) allow a GPL'd program to dynamically load and execute proprietary code?

So far you have asked two independent questions:

1) does it allow dynamic loading of proprietary code

2) does it allow execution of proprietary code

The act of *loading* or *execution* of proprietary code does not fall
under the scope of any of the exclusive rights granted in 17 USC 106.
Hence there is no possibility for copyright infringement to occur

This is tantamount to asking, "Does the GPL allow the Linux kernel to
load and execute a proprietary program?"

The binary in question is a compiled and linked plugin. The GPL'd program is a forked version of a GPL'd program, with the functionality to load this plugin added to it.

This is a third question. The GPL (v2) is unenforceable under U.S.
copyright law due to preemption by 17 USC 301(a), so this question
is extinguished.

For purposes of discussion we may note that adding "functionality"
source code to an original program might create a derivative work.
Without an opportunity to examine the actual code this question is

Rjack :)

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