However, my main application is only using that library to solve a completely different problem. Free software licensing in general, and the gpl and lgpl in particular, relies critically on the concept of derivative work since software that is independent i. Difference between gpl and lgpl difference between. The license allows developers and companies to use and integrate lgpl software into their own even proprietary software without being required by the terms of a strong copyleft license to release the source code of their own software parts. The analysis below sets forth the differing definitions of derivative work by u. The gpl assumes that a derivative work is any work that uses another work. The certification program provides corporations with the assurances they require when building products upon a free software infrastructure.
The application is then generally a derivative work of the library. A derivative work is, quite simply, a modification of an existing work, such that it can be reasonably assumed that the derivative work could not exist without the already existing work. But mozilla is not copyleft, because it only requires source availability for the modified library and not for the entire application. Section 6 of the lgpl constrains mildly how you distribute compiled software using a lgpld library, but because.
Gpl software certification program free software foundation. Derivative work is an artistic or literary work derived from one or more preexisting original works. When a work that uses the library uses material from a header file that is part of the library, the object code for the work may be a derivative work of the library even though the source code is not. The challenge in open source licenses comes from projects that mix different types.
The gnu lgpl is very popular among independent developers and companies which mainly deals with open source software. What are the major differences between gnu lgpl v3 and v2. The derivative work becomes a second, separate work independent in form from the first. Those responsibilities are mandated and defined by the lgpl since the lgpl governs the distribution of any derived work, but they are not the same as the lgpl. Such a work, in isolation, is not a derivative work of the library, and therefore falls outside the scope of this license. Gpl, also known as copyleft, grants permission to reuse or modify the source code to make derivative works, but if you distribute your program to others, it requires you to license your derivative work under the gpl too.
Translations, cinematic adaptations and musical arrangements are common types of deriv. The defining attribute of copyleft is not so much disclosure of the source, but disclosure of the source for the entire program of which only a part needs to be. Lgpl gnu lesser general public license is a free software license published by the free software foundation. They essentially say if you make a derivative work of this, and distribute it to others under certain circumstances, then you have to provide the source code under this license. They can also include dramatizations and fictionalizations, such as a movie based.
While any derivative work using a gpllicensed program must be released under the same terms free to use, share, study, and modify, the lgpl only requires the lgpl licensed component of the derivative. Also known as a new version, derivative works can include musical arrangements, motion pictures, art reproductions, sound recordings or translations. In case you doubted it, seemingly boilerplate provisions in software license agreements that prohibit the creation of derivative works do mean something, as exemplified in eyepartner, inc. This seems to be supported by section 3 subsection 2 gpl2. The lgpl alternative reciprocity and the gpl informit. If it is a derivative work, then the programs terms must allow for modification for the customers own use and reverse engineering for debugging such modifications. The lgpl and java gnu project free software foundation. If you apply an lgpl program and you do not benefit through derivative work, you can simply choose your distribution throughout many terms. Derivative work preparation is ultimately a small subset of the types of modified versions of the software a developer might create, thus, while an excessive focus on derivative works indulges us in the more exciting areas of copyleft, we must keep a sense of perspective regarding their relative importance. Anything statically linked to the library can only be redistributed under lgpl, but applications that use the library. Note that the definition of bigl library under the lgpl includes both small. In summary the lgpl states that any nonderivative work can be released under any terms or licenses.
The gnu lesser general public license lgpl is a free software license published by the free software foundation fsf. If this were legaly not the case, as the article exists, then there would be very little difference between the gpl and the lgpl which specifically allows usage without modification. Since youre talking software, lets pull out a software license. Thus the issue was joined as to which party was the proprietor of the derivative work. You may copy, distribute and modify the software provided that you state modifications and license them under lgpl2. Through the translation of section 3 of the license and agreement you can actually go ahead and use lgpl as a nonderivative work, and then change the terms according to the gpl. The gpl, lgpl, and mozilla licenses understanding open. In the arts, common derivative works include translations, musical arrangements, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works. Lgpl software your api would be considered a derivative work and the new library would then be subject to the same compliance terms as the original software. So for contributors to the open source projects this means that a third party can use their free work, improve upon that work and make money on that work eg by offering a cloudbased slicing service, all without the obligation to help further the project and share. Since derivative work is a common occurrence, it would help if derivative work had a clear software definition.
Track in fossa gnu lesser general public license v2. A derivative work is a new, original product that includes aspects of a preexisting, already ed work. I am a commercial software developer and i want to make use of opensource in my proprietary software. Whether a work that uses an lgpl program is a derivative work or not is a legal issue. Why corporations favors the apache license over the gpllgpl. That does not mean the new library must be all lgpl software, just that you comply with the lgpl license terms to be able to distribute the lgpl. Software licensees creation of derivative work results in an. The analysis in this chapter sets forth the differing definitions of derivative work by the circuit courts. In this article, we take a look at the difference between this two licenses to find out why. While any derivative work using a gpllicensed program must be released under the same terms free to use, share, study, and modify, the lgpl only requires the lgpllicensed component of the derivative. Whether this is true is especially significant if the work can be linked. Jan 01, 2003 a derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed or adapted. The lgpl contains no special provisions for inheritance, because none are needed.
The court in this case granted a preliminary injunction based on such an antimodification provision, as. When a company releases a scientific subroutine library, or a library of objects, for example, people who merely use the library, unmodified, perhaps without even. If a work is a derivative work of free software, then the terms of the. If you distribute a java application that imports lgpl libraries, its easy to comply with the lgpl. Inheritance creates derivative works in the same way as traditional linking, and the lgpl permits this type of derivative work in the same way as it permits ordinary function calls. The transformation, modification or adaptation of the work must be substantial and bear its authors personality sufficiently to be original and thus protected by. Software licensees creation of derivative work results in.
At first glance, such separate distribution, and, in particular, the acquisition of the addon module and the gpllicensed from different sources, suggests that the addon module in question is not a derivative work of the gpllicensed software. Copyleft is triggered by distribution and creating a derivative work. The gnu lesser general public license lgpl is a freesoftware license published by the free software foundation fsf. The gpl licenses gplv3, gplv2, lgpl, affero gpl all contain some kind of sharealike license. The apache license, on the other hand, is favored by the big corporations for their open source projects. Nov, 2002 the analysis below sets forth the differing definitions of derivative work by u. A derivative work would be one that makes changes to the source, creating a different work.
The gnulgpl is very popular among independent developers and companies which mainly deals with open source software. The lgpl provides a more permissive alternative for the strictly copyleft gpl. Derivative work law and legal definition derivative work is an artistic or literary work derived from one or more preexisting original works. Whether this is true is especially significant if the work can be linked without the library, or if the work is itself a library. The meaning of derivative work will not be broadened to include software created by linking to library programs that were designed and intended to be used as library programs.
As i understand the concept of copyleft, it uses the original authors to ensure that their ultimate end users which would include my customers are not deprived of benefits of the original work that the original authors of the os. Dec 30, 2014 the challenge in open source licenses comes from projects that mix different types. A work based on the library extends the full width and depth of derivative, combined andor modified works under law, in the same sense that the. A derivative work would be one that makes changes to the source, creating a different work than the originally licensed work. The license allows developers and companies to use and integrate software released under the lgpl into their own even proprietary software without being required by the terms of a strong copyleft license to release the source code of their own components. Most confusion about the lgpl revolves around this basic property.
Derivative work law and legal definition uslegal, inc. But when linking the work that uses the library with the library, an executable version that is a derivative work of the library would be created, and such a version is covered by the lgpl section 5. I mixed up the mozilla and apache licenses in my memory and failed to double check. A derivative work is a work based on or derived from one or more already existing works. Basically that means releasing software that simply uses a lgpl library. A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. And with lgpl they dont have to, if they just offer the software as a service over a network, even if they make money with it. Jun 21, 2016 the gpl licenses gplv3, gplv2, lgpl, affero gpl all contain some kind of sharealike license. If a separated distribution were to be judged differently than a joint distribution of gpllicensed software and addon, an exception like the one made in section 3 subsection 2 gpl2. In my example, my matrix library would include os code, and clearly be derivative.
Through the translation of section 3 of the license and agreement you can actually go ahead and use lgpl as a non derivative work, and then change the terms according to the gpl. You may copy, distribute and modify the software provided that you state modifications and license them under lgpl 2. If one were to open source a standalone single file program and someone modified that and redistributed it, it would technically be a derivative work. A work consisting of editorial revisions, annotations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work.
The broadest and most established definition of derivative work for software is the abstraction, filtration, and comparison test the afc test as created and developed by the second circuit. What is the difference between gpl, agpl and lgpl licenses. A derivative work must contain sufficient original elements that would make it a new work in order to get a. The problem is, if you subclass a class which is subject to the lgpl license in your own code, then your work becomes a work based on the library, rather than a work which uses the library which means that your code is a derivative work that is covered under section 2 rather than one covered under section 6. Aug 28, 2014 in summary the lgpl states that any non derivative work can be released under any terms or licenses. Generally, it seems the lgpl license is concerned with open source libraries and software that uses these libraries where a combined work would be a piece of software that includes a library. Unfortunately, what constitutes a distribution or a derivative work under the gpl is uncertain terrain. As indicated above, the law provides that the creator of a derivative work that is not an infringement of the underlying work is the owner of rights of in that derivative work, but does not acquire any rights to the underlying work. A work based on the library extends the full width and depth of derivative, combined andor.
The issue is that its conceivable that someone would claim that writing code for a specific purpose after having seen other source code having the same purpose is in fact creating a derivative work. It is important to understand that a derivative work refers to the work as a whole, and not just to the modifications. The gpl implies that a derivative work is one that is linked, statically or dynamically, with the original work. A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a. A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed or adapted. The license allows developers and companies to use and integrate lgpl software into their own even proprietary software without being required by the terms of a strong copyleft license to release the source code of their own softwareparts. So, the holder for the library must authorize distribution of the work. A program that contains no derivative of any portion of the library, but is designed to work with the library by being compiled or linked with it, is called a work that uses the library. The type of license chosen should a be determined by the license of code that is included. In law, a derivative work is an expressive creation that includes major able elements of an original, previously created first work. If the lgpl were to permit such derivative works to be made from programs other than software libraries, section 2a should have read something like the modified work must itself be a software library if the library i.
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