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From Archie Cobbs <arc...@dellroad.org>
Subject Re: ASF has been shipping GPL exception stuff for years and still is ;)
Date Sun, 04 Dec 2005 19:52:32 GMT
Davanum Srinivas wrote:
> To restate the obvious, If i choose to, i can use another compiler
> (say VC++ on Windows -
> http://httpd.apache.org/docs/1.3/win_compiling.html) and not care
> about GCC's GPL+Exception.
> 
>>>That said, I think that to be fair, we need to distinguish between
>>>"using" in the sense of what GCC is doing  - a tool outside the scope
>>>of effort of the project enabling some behavior in a standard and non-
>>>intrusive way (just like we don't care about the license of the OS we
>>>run on), and "using" in the sense of developers of a project making a
>>>conscious decision to design and implement software with a dependency.
>>
>>This is wrong thinking.  You aren't simply "using" the libgcc routines,
>>as you would OS resources.  You are linking your application to the
>>libgcc library and redistributing the resulting combined binary.   This
>>is precisely what the license talks about and enables.
>>
>>Whether or not you make a distinction between this kind of GPL+exception
>>usage and libstdc++ or GNU Classpath usage hardly matters, since the
>>licenses themselves don't make a distinction.

I think you're missing Anthony's point. He's merely pointing out
that there is no *legal* difference between linking with a tiny
bit of GCC code vs. a huge piece of classlib code. Of course "legal"
reality is often different from "rational" reality (unfortunately
it's the "legal" reality that matters here).

Whether you could have used a different compiler is also besides
the (Anthony's) point, which is simply: ASF is shipping bundled
code licensed under GPL+E today (and has for a long time). The
other details are not legally relevant. It's certainly fair to
discuss them, but that's a separate issue from the one that
started this thread.

Conclusion being: if it's the merely legality that concerns ASF,
then they should already be happy and this whole problem and
discussion can go away (wouldn't that be nice :-)

-Archie

__________________________________________________________________________
Archie Cobbs      *        CTO, Awarix        *      http://www.awarix.com

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