Bruce Perens On Combining GPL and Proprietary Software

jammag writes "Combining GPL and proprietary software is ever more common, especially in the world of embedded devices like cell phones. But the question is: how to combine them legally. As sticky as the issue is, there is an answer, as self titled "open source strategic consultant" Bruce Perens explains. The proper procedure entails fully understanding what type of open source software you're using, and knowing why you need to combine these disparate licenses. The problem, he notes, is that many companies don't know or care about doing this legally. 'They're used to just "clicking yes" with no regard to what they're committing themselves and their company to.' Hopefully Perens' guide can be read by more company execs — resulting in fewer lawsuits going forward (but we're not holding our breath)." update 21:31 GMT by SM: Bruce wrote in to make sure we knew he was not a lawyer, even though he is weighing in on a legal issue; updated to reflect.

Comments

Hi

[Bruce Perens]

I'm here at my desk, if anyone has questions :-)

Bruce

Re:Hi

[Bruce Perens]

Any comments about the applicability of the LGPL? It used to be very popular in embedded systems.

LGPL, especially the current LGPL3, is a good license to use when you want people to combine your work with proprietary software, and software with incompatible licenses in general. Sometimes you don't want this. My latest (unannounced) product is dual-licensed, so I need a "modifications must be free software" license like GPL or GPL3, so that the proprietary folks have an incentive to buy a commercial license. That way, I get to provide Free Software to folks who want to make Free Software with it, and commercial license fees from the folks who don't want to make Free Software pay for me to do it.

Bruce

Re:IANAL

[Bruce Perens]

Does anyone know why we always give those "IANAL" disclaimers?

In the United States, it is not legal for anyone but an attorney whom you have retained, and who is admitted to the applicable Bar Association, to give you legal advice. Thus, people like me make clear that they are not attorneys, and that our advice, although it concerns the law, is something less than legal advice. It's your responsibility to check it out with your lawyer. I would be happy to talk with your lawyer, too.

Bruce