Subject: Re: GPL + proprietary code license
From: "Rod Dixon, J.D., LL.M." <>
Date: Mon, 26 May 2003 21:13:56 -0400

The original question was this: "what happens if one uses commercial
software licensed under the terms that imply that any software that
integrates in the software or is added to the software (or a larger work)
must be licensed under the same license is used with GPL licensed software."
It seems to me that there is nothing new here. As your example nicely
illustrates, your hypothetical involves a license that prohibits the
licensee from doing what he or she desires, which is to use free software or
software - - as apparently Microsoft views it - - offered under "an IPR
impairing license;" the potential consequence of  "mixing" the source code
is a [breach/infringement] of one or both [licenses/copyrights].


----- Original Message ----- 
From: "Arnoud Galactus Engelfriet" <>
To: "Rod Dixon" <>
Cc: "Mark Rafn" <>; <>
Sent: Saturday, May 24, 2003 4:28 PM
Subject: Re: GPL + proprietary code license

: Rod Dixon wrote:
: > I am not sure whether the original poster was serious. IF, by
: > software the poster meant proprietary software, then the question is
: > on a false premise.
: Why is that? You can get proprietary software in source code form,
: and the license then usually covers situations in which you combine
: that source code with other source code. It seems like a legitimate
: question what happens if that other source code is GPL-licensed.
: For an extreme example, take a look at the Microsoft source
: code licenses. They basically forbid you to involve any
: free software ("potentially viral software" or "software under
: an IPR impairing license" is what they call it) in the same project.
: Arnoud
: -- 
: Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
: Patents, copyright and IPR explained for techies:
: --
: license-discuss archive is at

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