From: Daniel Carrera <dcarrera@...>
Date: 2003-07-11T08:50:18+09:00
Subject: Re: My brief and torrid affair with Ruby.

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On Fri, Jul 11, 2003 at 08:24:17AM +0900, Gawnsoft wrote:

> >> >GPL code imposes a condition upon its use that some people don't like.  
> >> >Fine.  But you are not forced to use the GPL code, hence it is not viral.
> >> 
> >> If you use it in contact with your own code [and, to be be absolutely
> >> pedantic about it, choose not to break the GPL licensing terms] it
> >> spreads to your own code.
> >> 
> >> Hence it is viral, in that there is an effect from contagion.
> >
> >Not it DOESN'T.  That's what I've been saying all along.
> 
> 
> Read the 'If ... and' in my statement to which you then say 'no'.

I have read your If statement carefully.

Your statement is (given the assumption that you don't want to break the 
GPL and that you release the code so that the GPL applies).

  if (GPL code comes in contact with yours)
        Your code becomes GPL.          
  end

I am saying that this is incorrect.  Copyright law does not have the power 
to do this.  A more correct statement would be:

  if (GPL code comes in contact with yours)
       You have two choices:
           a)  GPL your code.
           b)  Remove the code in question.
  end


The point might be subtle, but it makes a world of a difference, both in 
theory and in practice.

Theory:
  I will define "force" to mean, "cause you to have only one choice".

  The GPL does not force you to GPL your code.  Even after the code has 
  been entered, your own code is not yet GPL.  An action on your part is
  required, and you have an alternative to that action.

Practice:
  You don't have to worry about "mistakenly" having GPL code infect
  your own and then not having a choice as to how to distribute your
  code.

  If the GPL could infect your code in this manner (i.e. against your
  wishes) then you should be weary of it.  The fact that it cannot, means
  that it is safe.



- -- 
Daniel Carrera         | OpenPGP fingerprint:
Graduate TA, Math Dept | 6643 8C8B 3522 66CB D16C D779 2FDD 7DAC 9AF7 7A88
UMD  (301) 405-5137    | http://www.math.umd.edu/~dcarrera/pgp.html
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