Patrik Stridvall ps@leissner.se writes:
So almost all functions would look like void CryptFoo() { #if HAVE_LIBCRYPTO32 CRYPT32_CryptFoo(); #else /* Old Wine code */ #endif }
with a few minor exception.
So you mean that I can't legally do that despite the fact that the LGPL is meant to allow linking to proprietary licenses.
The LGPL allows using LGPLed code from proprietary applications. It does not allow making the LGPLed code dependent on proprietary code for its own functionality.
I think you have misunderstood something seriously. Please, this is the absolute worst argument from you as of yet. You can't seriously believe this.
Also note that the code that I wrote above was supplied
under the LGPL,
so I don't see how you can claim that I violated the LGPL.
Of course you cannot violate the license of your own code, don't be silly.
Exactly.
But if you put this code in an LGPL library written by someone else and distribute the end result, you have to make a good faith
Yes and DISTRIBUTE the end result is the key.
But why should I do that? I can for example write a script that download Wine for the end user user and apply the patch automatically.
effort to ensure that the library works properly even in the absence of your proprietary library. This means you need to implement the #else case and release that under the LGPL. Go read the square root example in section 2 of the LGPL.
Perhaps, but I need not distribute so it doesn't matter.
The point that I have been tried to make all along that only the doctrine of can make my trickery illegal. Without it, it doesn't matter that I use Wine in a, hmm, let call it a non standard way.
Anyway I think this discussion, at least the one between you and me, are running around in circles and doesn't move forward at all, so lets just end it.
Could it be that they rely on that that the dotrine of derived work will save them from people trying to use the lopeholes in
the licenses?
Sure, maybe you understand the law better than all the lawyers who looked into this issue. I'm not betting on it.
It is not primarily understanding that is the issue here. I have said that I believe, and have tried to explain why, that a strong doctrine of derived work is not good for society, because it leads to all sort of absurd consequences.
Therefore is believe (or rather hope) that the courts will se sanity and only constitionally allow a very weak doctrine of derived work and thus render viral licenses such as LGPL of most (all?) of its power since it will be quite easy avoid the requirements with a little trickery.
Note that this will almost exclusivly effect viral open source license since normal commersial work will get their $100 or whatever regardless since there is no trickery that can legally avoid it.
Patrik Stridvall ps@leissner.se writes:
But why should I do that? I can for example write a script that download Wine for the end user user and apply the patch automatically.
The patch would be considered a derivative work, so distributing it would also violate the LGPL.
It is not primarily understanding that is the issue here. I have said that I believe, and have tried to explain why, that a strong doctrine of derived work is not good for society, because it leads to all sort of absurd consequences.
The people writing copyright law have stopped worrying about the good of society a long time ago, and I don't have much hope for this changing any day soon. I suggest you read Jessica Litman book on this issue.
Anyway I think this discussion, at least the one between you and me, are running around in circles and doesn't move forward at all, so lets just end it.
Yep.