Dual-Licensing Situation

AR aricvim at suddenlink.net
Thu Jun 5 18:48:07 CEST 2008


I'm looking at a situation where someone has released some code under 
both GPLv2 and a proprietary license.  I'm being told this:  If you 
develop (and do not distribute) code using our GPL code, you cannot then 
get a proprietary license for your code.  That is, if I merely *use* 
their GPL code, I forfeit the right to buy a proprietary license.  Isn't 
that a further restriction placed upon my code by them, and therefore a 
violation of the GPL?

Here is what I think is happening (it took me a while to put my finger 
on it):

1. The GPLv2 explicitly gives me the right to compile and run and 
otherwise monkey around with the licensed code with no consequences in 
doing so unless there is distribution: "Activities other than copying, 
distribution and modification are not covered by this License; they are 
outside its scope. The act of running the Program is not restricted. . . ."

2. If the act of running the Program (or a derivative of it) is not 
restricted, then there can be no consequences (e.g., loss of rights) 
from running the program.

3. The consequences of running the GPLv2 release of the dual-licensed 
code mentioned above with my code is that I lose my right to buy a 
proprietary license for my code.

4. Therefore, the GPLv2 has been violated.


Make sense?



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