What are the legal consequences while using GPL in embeded copy righted software

Iain Barker ibarker at member.fsf.org
Tue Aug 9 15:40:27 CEST 2005


From: <jbarbier at stago.fr>
> What would be the legal consequences on using such GPL or LGPL pieces of
> software (such as OS, DB, HMI) in our proprietary software which include
> many copy righted pieces of software related to in vitro (blood) 
> analaysis.

The main requirement is that all code that is linked with GPL software in to 
form your application executable must be released as GPL source code, 
together with the scripts required to control build and installation of 
replacement executables, so that users can change the software if they so 
wish. For an embedded system, those 'build and installation' scripts can 
become quite a large effort depending on how custom your hardware is.

If your software is written purely as an application with no kernel changes 
or driver modules, there are no real GPL constraints regarding the Linux 
kernel itself so you can choose not to release the Kernel source code and 
instead just pass on the offer you received along with the original code. 
For all other situations you are modifying or adding to the code, so you 
have the responsibility to release the source code yourself under the GPL 
terms (source code included with the product, or a 3 year written offer to 
provide the same).

You should probably grab a copy of something like the Lawrence Lessig or 
LAwrence Rosen books about open source licensing and read up on more 
intricate details of law, especially with regard to warranty (none) and 
patent (lots) issues of GPL and other software - because in a medical 
application there is much more liability indemnification required... 




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