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http://en.wikipedia.org/wiki/GNU_General_Public_License

Linking and derived works

Note that according to the FSF, "The GPL does not require you to release your modified version, or any part of it. You are free to make modifications and use them privately, without ever releasing them." However if one releases a GPL-licensed entity to the public, there is an issue regarding linking: namely, if a proprietary program uses a GPL library, is the proprietary program in violation of the GPL?

This key dispute is whether or not non-GPL software can legally statically link or dynamically link to GPL libraries. The free/open-source software community is split on this issue[citation needed]. The GPL is clear in requiring that all derivative works of code under the GPL must themselves be under the GPL. Ambiguity arises with regards to using GPL libraries, and bundling GPL software into a larger package (perhaps mixed into a binary via static linking). This is ultimately a question not of the GPL per se, but of how copyright law defines derivative works. The following points of view exist:

Point of view: any linking violates GPL

The Free Software Foundation (which is "in charge" of the GPL, holds the software copyrights, and legally enforces the GPL) asserts that such an executable is indeed a derivative work if the executable and GPL code "make function calls to each other and share data structures",[35] with certain others agreeing (e.g. Jerry Epplin[36]). Though this is the stance of the Free Software Foundation, it should[37] only be taken as an indicator of when the FSF might sue one and the intent of the author of the GPL, not the intent of the authors of the GPLed work (though they may coincide) nor the proper interpretation of the law.

One must also consider the existence of the LGPL, which was created to be nearly the same as the GPL, but additionally allows linking for the purposes of "using the library". Richard Stallman specifically encourages library-writers to license under the GPL so that proprietary programs cannot use the libraries, in an effort to protect the free-software world by giving it more tools than the proprietary world.[38]

Point of view: static linking violates GPL but not dynamic linking

Some people[who?] believe that while static linking produces derivative works[citation needed], it is not clear whether an executable that dynamically links to a GPL code should be considered a derivative work (see Weak Copyleft). Linux author Linus Torvalds agrees that dynamic linking can create derived works but disagrees over the circumstances.[39] Other experts agree that the question is still open: one Novell lawyer has written that dynamic linking not being derivative "makes sense" but is not "clear-cut",[40] but that evidence for good-intentioned dynamic linking can be seen by the existence of proprietary Linux kernel drivers.

In Galoob v. Nintendo the Ninth Circuit Court of Appeals defined a derivative work as having "'form' or permanence" and noted that "the infringing work must incorporate a portion of the copyrighted work in some form", but there have been no clear court decisions to resolve this particular conflict.

Point of view: linking is irrelevant

According to an article in the Linux Journal, Lawrence Rosen (IP law specialist, and OSI general counsel) argues that the method of linking is mostly irrelevant to the question about whether a piece of software is a derivative work; more important is the question about whether the software was intended to interface with client software and/or libraries[41]. He states, "The primary indication of whether a new program is a derivative work is whether the source code of the original program was used [in a copy-paste sense], modified, translated or otherwise changed in any way to create the new program. If not, then I would argue that it is not a derivative work,"[41] and lists numerous other points regarding intent, bundling, and linkage mechanism. He further argues on his firm's website[42] that such "market-based" factors are more important than the linking technique.