Re: A couple questions

["Adam J. Richter" <adam@yggdrasil.com>]

	At the outset, let me say that I am not a lawyer, and you
absolutely should talk to a copyright lawyer before using some
home made copying conditions.  You could potentially get into a lot
of trouble otherwise if your program calls any outside software
(even, some of the things in glibc2), especially if the mood of one
of those outside copyright owners changes at some point in the future.

	That said, here is my layman's understanding.  I emphasize
again that you should not rely on this advice without consulting
with your lawyer, and you certainly should never use a homemade set of
copying conditions that you have not had a lawyer review, especially in
light of the types of questions you are asking about the GPL.

>1. Autoconf.  Do I have to GPL the software if I use autoconf to configure it?

	No.  For example, tcl and tk use autoconf, but are not GPL'ed.

	If you drop in the supporting shell scripts that a lot of
autoconf programs use, those scripts are GPL'ed, but the rest of your
program is not.

>2. Since it's a utility library, can it be linked with a GPL'd program without
> having to GPL it?

	It is possible to write GPL compatible copying conditions without
using the GPL.  For example, you could use the LGPL or the new FreeBSD
copying conditions (which are the BSD copying conditions without the
advertising restriction).  If you believe the BSD advertising restriction
is GPL compatible and you're willing to bet your life savings on it, you
could use that too.

	You should be very careful about writing your own copying conditions.
If you get them wrong and your program comingles material that is covered
by a copying condition that does not allow that, due to the way you
wrote your copying conditions, then you may be liable for copyright
infringement.

	If I recall correctly, if the work that you are infringing the
copyright has been registered at the copyright office, then you are
liable for the greater of:
		(a) 3X actual damages, or
		(b) $50,000 per act of infringement.

	In addition, distributing ten or more copies in the US for
profit became a felony a about five years ago (again, if I recall
correctly).

	I remember one CD vendor, whom I will not identify, that first
learned of an accidental copyright infringement by being served with
a notice to appear 9am the next day at a hearing for a temporary
restraining order (I believe this conflict eventually ended in a
relative cheap negotiated resolution, but I believe the total cost
was still thousands of dollars).  Be careful, because this is the
sort of thing that can suddently bite you five years later.

	Once again, please consult a lawyer if you're going to try
to roll your own copying conditions from scratch.

Adam J. Richter     __     ______________   4880 Stevens Creek Blvd, Suite 104
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+1 408 261-6630         | g g d r a s i l   United States of America
fax +1 408 261-6631      "Free Software For The Rest Of Us."
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