Not linking but rather using - auto download OK?

[Robert Kelly III]

On Friday 16 January 2009 02:45:36 pm John Hancock wrote:
> 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.

You may bundle GPL software with your proprietary application as long as you 
clearly provide copyright notice for the GPLed software, a copy of the GPL 
itself, and access to the GPLed source code. As long as the proprietary 
software is simply accessing the GPLed software through its standard 
interface (commandline args, pipes, etc) this is mere aggregation and the 
combination is not a derived work. If you dynamically link to the GPLed code 
to you application, or they share complex data structures, then your work is 
probably a derived work and can be distributed only under the GPL.

However, I would urge you to consider releasing your code under the GPL as 
well. Reconsider your business model. Could you make money by providing 
support, selling physical copies to people who don't have the bandwidth to 
download it, selling manuals, etc? You might even make money by accepting 
donations or selling apparel related to the software (if it becomes popular 
enough). Many people make money with GPLed software. The Free Software 
Foundation actually encourages this as it still provides users essential 
freedom, while allowing developers to make money from their skills and 
efforts while providing valuable services.
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