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GPL violation in Tomba! Special Edition?

github.com

13 points by weird_trousers 8 months ago · 2 comments

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mubou 8 months ago

It's important to point out that the concept of "linking" is not mentioned in the GPL's definition of "Program" or "covered work", nor is it used as a determiner to decide if the viral nature applies to your work or not. That's a common misconception that people who've read about GPL but never read the actual license text have. I point that out here only because the developer here mentioned it, but it's irrelevant.

The viral nature applies if you "convey a work based on the Program, or the modifications to produce it from the Program" unless it is "a compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program" [0].

If that sounds vague enough to be interpreted in a lot of different ways to you, you're right. Even the FSF themselves admit it would be up to a court to decide[1] (which unfortunately in a lot of cases means whoever has the most money wins).

tl;dr - When in doubt, assume you need to make your work GPL too.

[0]: https://www.gnu.org/licenses/gpl-3.0.en.html

[1]: https://www.gnu.org/licenses/gpl-faq.html#MereAggregation

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