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RE: Porting for ecos - is GPL SW applicable?


Hi,

First you must assume that relicensing of eCos kernel code under GPL is
possible. For the sake of the discussion let's say it's possible. So your
eCos kernel + FAT fs driver is all covered GPL

So now the problem is your application. You must prove that your application
is not a derivative work of the kernel. You could argue that the use of eCos
kernel API is similar to the use of the Linux kernel API by a proprietary
program, which is allowed by the GPL. Let's say again that we can assume
that.

Unfortunately if you want to do "mere aggregation" you must be able to
distribute the GPL part of the whole work in binary form as well as source
form. Traditionnaly you can't distribute the binary form of the kernel only.
What you distibute with eCos is generally only one binary. If the FAT fs
code wag LGPL this should work.

However...


Soon with eCos you will be abble to dynamically load elf modules, so if your
proprietary application is a dynamically loadable module, which is only
using public API of the kernel, then you could distribute an ecos binary
-all GPL- and your application binary separately and then _maybe_ you could
argue that you're doing aggregation and not derivative work.

a lot of "assume" and "maybe" and i'm no lawyer.

Bottom line:
 
  Talk to your lawyers

Fabrice


> -----Original Message-----
> From: Dmitry Ryzhkov [mailto:rdim_outside@softhome.net]
> Sent: Thursday, October 25, 2001 4:07 PM
> To: ecos-discuss@sourceware.cygnus.com
> Subject: [ECOS] Porting for ecos - is GPL SW applicable?
> 
> 
> Hi All,
> 
> May be somebody can tell a few words about legal aspects of porting 
> already existing GPL SW for its using under eCos?
> 
> I would like to use ecos as OS platform but I need to operate with 
> FAT-formatted PCMCIA flash memory cards (mass storage class). 
> FAT is not 
> supported by ecos. Terefore there is a sense to port FAT fs 
> to ecos using, 
> for example, Linux kernel as source. Linux kernel is 
> distributed under GPL, 
> so if I make any port of its part (fat fs in our case), the 
> result must also 
> be under GPL. That isn't a problem - can be done and src of 
> ecos/FAT fs can 
> be made for public access. 
> 
> Problem is that I will ALSO need to make public the 
> APPLICATION part of SW I 
> develop using both ecos and fat-for-ecos because ecos fat fs 
> must be GPL. I'm 
> afraid that a)my customer will not be happy to make 
> application itself public 
> (not fat fs, of course), and b) I'm not sure that RHPL and 
> GPL can be easely 
> joined within one project...
> 
> May be somebody can tell me a bit more about these matters? 
> Is that possible 
> to use GPL SW with ecos? And do I need to make public whole 
> code of project 
> if I'm porting some GPL SW for ecos? Is that possible to get 
> GPL SW, make 
> port for ecos, expose result under GLPL (Library License) and 
> then use (call) 
> this port within closed app?
> 
> Thanks a lot in advance,
> RDim.
> 


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