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Re: Octave FAQ update about GPL


From: fgnievinski
Subject: Re: Octave FAQ update about GPL
Date: Wed, 12 Feb 2014 14:23:45 -0800 (PST)

Here it is.  Please don't get too annoyed by the verbosity -- there's some
redundancy, so that each usage case can be deemed true/false independently
from the others.  I'll wait for your okay, comments, changes before bugging
licensing at FSF.  I'll send in a separate message a discussion which I
think is too esoteric for the FSF folks.
-F.


The licensing part of the GNU Octave FAQ was written in consultation with
FSF lawyers some years ago.  The part currently under consideration reads:
<http://wiki.octave.org/FAQ>
Q: If I write code using Octave do I have to release it under the GPL? 
A: ... Code written entirely in the scripting language of Octave
(interpreted code in .m files) may be released under the terms of whatever
license you choose. ...

We have identified specific usage cases that are instances of the general
case above.  We'd like to confirm whether or not the FAQ statement remains
applicable in each such cases.  We'd appreciate if you could please advise
true/false below.  Whenever possible, we link to the GPL FAQ, to clarify our
reasoning.

[Label: using the Octave interpreter]
* Code written entirely in the scripting language of Octave (interpreted
code in .m files), that invokes only language keywords (such as "if",
"switch", etc): code may be released under the terms of whatever license you
choose.
- Source: <http://www.gnu.org/licenses/gpl-faq.html#IfInterpreterIsGPL>,
paragraph 1.

[Label: using libraries shipped with Octave]
* Code written entirely in the scripting language of Octave (interpreted
code in .m files), that invokes NOT only language keywords, but also calls
library functions that are NOT part of the Octave interpreter itself,
although these specific libraries are considered System Libraries: code may
be released under the terms of whatever license you choose.
- Source: <http://www.gnu.org/licenses/gpl-faq.html#SystemLibraryException>
(related though not exact)

[Label: using parts of Octave Forge and likely most of the user submissions
to Agora]
* Code written entirely in the scripting language of Octave (interpreted
code in .m files), that invokes NOT only language keywords, but also calls
library functions that are NOT part of the Octave interpreter itself, NOR
can be considered System Libraries, which are licensed under the GPL, with
no copyleft exceptions (such as those adopted in the GCC Runtime Library or
the GNU Classpath for Java): if the code is released publicly, it must be
under the terms of the GPL.
(More about System Libraries to follow)
- Source 1: <http://www.gnu.org/licenses/gpl-faq.html#IfInterpreterIsGPL>,
paragraphs 3 and 4.
- Source 2: <http://www.gnu.org/licenses/gpl-faq.html#IfLibraryIsGPL>
- Source 3: <http://www.gnu.org/licenses/gpl-faq.html#LibGCCException>

[Label: modifying Octave libraries or Octave Forge submissions or Agora
submissions]
* Code written entirely in the scripting language of Octave (interpreted
code in .m files), which was not written from scratch, rather is a
modification of another code or incorporates parts thereof, regardless of
whether or not the original code can be considered part of a System Library,
and the original code was licensed under the GPL: if the code is released
publicly, it must be under the terms of the GPL.
- Source: the GPL itself, <www.gnu.org/licenses/gpl.txt>

[Label: Octave-incompatible Matlab-compatible GPL code]
* Code written entirely in the scripting language of Octave (interpreted
code in .m files), which was written from scratch, and it requires libraries
unavailable in Octave, only available proprietarily, which may NOT be
considered part of a System Library: if the code is released publicly, it
cannot be under the terms of the GPL.
- Source 1:
<http://www.gnu.org/licenses/gpl-faq.html#SystemLibraryException>
- Source 2: <http://www.gnu.org/licenses/gpl-faq.html#GPLIncompatibleLibs>
- Source 3: http://www.gnu.org/licenses/gpl-faq.html#MoneyGuzzlerInc>
- Source 4: <http://www.gnu.org/licenses/gpl-faq.html#WindowsRuntimeAndGPL>




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