Re: Lilypond \include statements and the GPL

[Anthonys Lists]

On 02/04/2013 22:34, Joseph Rushton Wakeling wrote:
> On 04/02/2013 11:17 PM, Anthonys Lists wrote:
> > So as long as Google stuck to using interfaces that the kernel devs explicitly
> > published to user space, then using those header files EXPLICITLY does NOT
> > create a derivative work, and therefore the GPL can NOT cross that boundary.
> That's exactly the point.
>
> What Google did was to take the kernel's header files documenting those public
> interfaces (which contain GPLv2 licenses) and strip out EVERYTHING BUT the
> documentation of the interfaces (and, I think, various macros, type definitions,
> etc.), and provide those new headers under the Apache license.
>
> This was considered to be legit, rather than a GPL violation, precisely because
> those aspects of the headers are considered to be "facts" rather than
> copyrightable elements.


I notice the articles you mention all reference Naughton, who, iirc, 
(and it is implied by those articles) was in the business of spreading 
FUD. So, basically, take those articles with a snow-clearing bag of salt :-)

Oh - and if Google did do as you say (strip stuff from the (allegedly) 
GPL'd header files then relicence them under Apache), then that is NOT 
legit. It's actually a blatant and *clear* *cut* copyright violation. 
But, as Linus is quoted as saying, "Who cares?". Google are just being 
excessively cautious but they are using the files the way the copyright 
holders intended. (I think this is what Naughton has caught on to, and 
has deliberate spun for its FUD value ... :-(

The only way Google can relicence code from GPL to Apache is if the 
original code is not copyrightable. In which case they can't relicence 
it. If they DID relicence it, then it is copyrightable, therefore it IS 
GPL, therefore they had no right to relicence it!
> See e.g.:
> http://www.theregister.co.uk/2011/03/29/google_android_and_the_linux_headers/
> http://www.itworld.com/open-source/140916/android-sued-microsoft-not-linux

Cheers,
Wol