No subject

wrote a confused ( or confusing) message - my apologies for that.
Although I mentioned the word "link" in the beginning of my message, I
did try to clarify at the end that I wouldn't be linking (either
statically or dynamically) to any of the code in the GPL-ed software.

In the case of MySQL (brought as an example), it would be just using
it to store/retrieve data using SQL statements. If this is considered
""derivative work", then anyone using MySQL in his/her web site would
be considered violating the GPL terms - doesn't make sense...

As for consulting a lawyer:

1) I have yet to see a lawyer that would give warranty on his
advice... You can pay A LOT of money to a lawyer, only to discover
that when time comes, you loose in court (similar to the current
situation with health insurance in the USA...)

2) Even if the lawyer gave "warranty" on his work, it seems to me that
it would be much less expensive to simply buy a proprietary software
with the proper license (just as Microsoft allows re-distributing
certain libraries, free of royalties).

3) I currently don't have any income to pay lawyer. :(


Anyway, I chose MySQL as an example. If MySQL is a "special case",
let's choose Apache (the HTTP server) as another example:

Suppose I bundle Apache (without any modification) with my software,
not linking to it (whether statically or dynamically), not sharing any
structures. Instead, my software simply uses it redirect certain HTTP
traffic to an Intranet. Is this considered aggregate (instead of
derivative) and thus complies with the GPL terms?

Thank you,
John








On 1/16/09, John Hancock <jhnhncck19 at googlemail.com> wrote:
> I hope that I arrived at the right mailing list. If not, please accept
> my apology and I would appreciate it if you could direct me to the
> correct mailing list (or forum):
>
> I am an individual programmer, developing a cool software application
> with the hope to make a living selling it over the internet.
>
> The problem is that this application relies on using separate GPL-ed
> software (e.g. MySQL), running in the background.
>
> I know that legally (according to the terms of the GPL) I cannot link
> to GPL software without having to open my own source code as well (my
> trade secret), so I thought of a possibly legal alternative:
>
> Instead of bundling that GPL software with my application, my
> application's installer will  automatically download that GPL software
> from the internet and install it for the end-user.
>
> Technically speaking, it is the end user who downloads and installs
> that GPL software. That is, I didn't provide that GPL software but
> rather helped the user get it.
>
> The question now is whether this is considered so legally as well?
>
> Also, I am curious to know whether there are already commercial
> applications that do just that. For example, a commercial application
> that relies on MySQL but does not modify or  statically link to it in
> any way, just using it to store information in a database.
>
>
> Thank you,
> John
>