Build Scripts and GPL

Robert Schwebel r.schwebel at pengutronix.de
Fri May 19 16:01:55 CEST 2006


On Fri, May 19, 2006 at 09:41:37AM -0400, David A. Desrosiers wrote:
> As you know, the GPL doesn't just cover "compiled" or "modified" code,
> it covers the work as a whole (assuming you've licensed it as such, and
> not dual-licensed part of your work in another context). 

Nope, no dual licensing involved. The PTXdist license just states: 

----------8<----------
Note: PTXdist is a build system which generates a distribution for
embedded systems. This license does only cover the build system itself
and doesn't affect the license of managed software in any way, even if
it might be distributed together with the build system.

Robert Schwebel <r.schwebel at pengutronix.de>

                          ----------

                    GNU GENERAL PUBLIC LICENSE
                       Version 2, June 1991

[normal GPL v2 follows]
----------8<----------

So you can use the build system to install some proprietary program, but
nothing less and nothing more. 

> If your "scripts" were included in their distribution, sans your
> copyright notice and required COPYING file, then they would be in
> violation of the copyright which binds those scripts.
> 
> Additionally, I think this might also fall under a Lanham Act violation,
> which (if memory serves), includes "False designation of origin". If
> they claim that the scripts came from them (because they've taken out
> your information from them), then they are likely violating that as
> well. 

Unfortunately, it isn't that easy. It's not like

programs + scripts   ------>   compiled source plus scripts
(source)                       (distributed work)

but
                 scripts
programs      ------------->   compiled programs
(source)                       (distributed work)

So the (GPLed) scripts are being used inouse at company Xyz, but
nevertheless they are "scripts to compile/install source" according to
the GPL. 

> Sigh. I feel your pain. 

Thanks :-)

Robert
-- 
 Dipl.-Ing. Robert Schwebel | http://www.pengutronix.de
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