using GPL program through different interfaces by another program and that program license issue

[Hardy, Allan]

IANAL, - Having sat in briefings and lectures held by the Software Freedom Law Center (SFLC) I know they and the FSF have this thing about functionality - If your Application depends 100% on a GPL Application, it is likely a 'derived work'  - is just about a direct quote.  They teach that the technical aspects of the integration are only a part of the issue. They also look at the 'semantics' of the integration.  I've no idea if they are right. Actually no one does as there is no case law.  Who knows if that will ever hold up in court, who knows if such a case will ever get to court to be decided on.  

Who owns the Program-A and what do they say?  There is no 'single' interpretation of GPL terms, it at least vstarts with the copyright holder.

IMHO, it is all about risk mitigation isn't it? not so much about black and white.  Where instead of asking 'is this legal' I find the questions are more like; how can I lower risks? what are mitigation strategies? etc.

Can we lower the 'surface area' of exposed software? Is there a non-GPL equivalent (postgresql as example),  Can we be database agnostic (in the mysql example) and let the implementation be a customer decision? (meaning we build, test, market and support more than one DB). What is the copyright holders position? Their prior activities? Can we just deliver as OSS?  

Just as sample questions and evaluations we do and will continue to do until there is some case law around what the SFLC calls pushing copyright law to unexplored areas.  

Just a curious question - what other license has a compliancy lab of specially trained software and legal folks to evaluate your products compliancy?

Anyway, no advice from me, just opinion














-----Original Message-----
From: legal-bounces at lists.gpl-violations.org [mailto:legal-bounces at lists.gpl-violations.org] On Behalf Of Thomas Charron
Sent: Monday, August 17, 2009 9:53 AM
To: pretor_hq at wp.pl
Cc: legal at lists.gpl-violations.org
Subject: Re: using GPL program through different interfaces by another program and that program license issue

2009/8/17 pretor_hq at wp.pl <pretor_hq at wp.pl>:
> Dear Sirs
>
> If there is GPL  Program A with
> a) command line interface (ie c:\progA.exe someCommand)
> b) telnet interface (ie c:\progA.exe connectToTelnetInterface  and after
> that I can just do some commands ie #command1 )
>
> and if there is a program B which uses a) interface (invokes the command)
> then does B had to have GPL license or not?
>
> and if there is a program C which uses b) interface (invokes the the command
> which connects him to telnet interface of A and after that invoking some A
> telnet commands) then does C had to have GPL license or not?

  IANAL, but I've always had the opinion that this is the hairy edge.
Some people are of the opinion, which I tend NOT to share, that if a
programs functionality is dependant on the functionality of another
GPLed program, then you're linked.  For instance, earlier this year
there was a comparison made that if your application is dependant on a
MySQL server, then you are linked to their license in your
application.

  However, there is a catch.  Most applications which require the
functionality of another application will typically need to distribute
that application.  They are still obviously bound by the GPL when it
comes to that 'third party' application which it relies on.  Unless,
of course, they go SO far as to hosting the application on their
servers, and not distributing it at all, in which case, they wouldn't
be.

-- 
-- Thomas