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

[David Bateman]

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 <address@hidden>
> 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: address@hidden
>
>
> 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, 

This statement validates my belief.. That is write a "mex-file", then
its primary use is for matlab and even if it can be used with Octave its
not a derivative work.. While Octave has a mex interface the mex-file
route makes all of this moot.

D.


-- 
David Bateman                                address@hidden
Motorola Labs - Paris                        +33 1 69 35 48 04 (Ph) 
Parc Les Algorithmes, Commune de St Aubin    +33 6 72 01 06 33 (Mob) 
91193 Gif-Sur-Yvette FRANCE                  +33 1 69 35 77 01 (Fax) 

The information contained in this communication has been classified as: 

[x] General Business Information 
[ ] Motorola Internal Use Only 
[ ] Motorola Confidential Proprietary