Definition of Derivative Work under OFBiz Framework

[Vinay Agarwal]

Hello,

 

Is there a legal opinion published whether inclusion of a GPL'ed
"application" invoked through ECAs, does or doesn't make the entire OFBiz
installation a derivative work? As we know, invocation of an application
through operating system (normally through exec etc.) does not make the
calling application a derivative work. So, in this case, are ECAs similar to
operating system exec calls? Thanks in advance.

 

Regards,

Vinay Agarwal

[David E Jones]

What is the context for this question? Do you mean OFBiz itself (the  
Apache OFBiz code base), or do you mean something like opentaps that  
has OFBiz plus GPL (well, actually HPL) licensed add-ons?

In general remember the ECAs in an add-on component are NOT OFBiz  
calling into that code, but rather that code calling into OFBiz. So,  
OFBiz is NOT in any way dependent on that add-in code.

-David


On Apr 24, 2007, at 11:15 AM, Vinay Agarwal wrote:

> Hello,
>
>
>
> Is there a legal opinion published whether inclusion of a GPL'ed
> "application" invoked through ECAs, does or doesn't make the entire  
> OFBiz
> installation a derivative work? As we know, invocation of an  
> application
> through operating system (normally through exec etc.) does not make  
> the
> calling application a derivative work. So, in this case, are ECAs  
> similar to
> operating system exec calls? Thanks in advance.
>
>
>
> Regards,
>
> Vinay Agarwal
>

[Vinay Agarwal]

David,

The context of this question is inclusion of GPL/HPL add-on modules (e.g.
financials) in an OFBiz (not opentaps) installation that may also contain
modifications to OFBiz and/or proprietary add-on modules. Would it be
correct to consider OFBiz framework as an operation environment and,
therefore, definition of the derivative work would depend upon presence or
absence of direct interaction (function calls, not sure about service calls)
among the modules? Is it correct that ECAs, since they are module calling
OFBiz framework, most likely would not be considered direct interaction?

Regards,
Vinay Agarwal

-----Original Message-----
From: David E. Jones [mailto:[hidden email]]
Sent: Tuesday, April 24, 2007 10:24 AM
To: [hidden email]
Subject: Re: Definition of Derivative Work under OFBiz Framework


What is the context for this question? Do you mean OFBiz itself (the  
Apache OFBiz code base), or do you mean something like opentaps that  
has OFBiz plus GPL (well, actually HPL) licensed add-ons?

In general remember the ECAs in an add-on component are NOT OFBiz  
calling into that code, but rather that code calling into OFBiz. So,  
OFBiz is NOT in any way dependent on that add-in code.

-David


On Apr 24, 2007, at 11:15 AM, Vinay Agarwal wrote:

> Hello,
>
>
>
> Is there a legal opinion published whether inclusion of a GPL'ed
> "application" invoked through ECAs, does or doesn't make the entire  
> OFBiz
> installation a derivative work? As we know, invocation of an  
> application
> through operating system (normally through exec etc.) does not make  
> the
> calling application a derivative work. So, in this case, are ECAs  
> similar to
> operating system exec calls? Thanks in advance.
>
>
>
> Regards,
>
> Vinay Agarwal
>

[cjhowe]

Vinay,
Unless you're looking for a technicality or a loophole theory (any of
which are for the most part, untested by U.S. case law), it would
probably be better to ask a project that uses those licenses as they'd
be more familiar with the ins and outs...that or an Intellectual
Property lawyer.

Regards,
Chris
--- Vinay Agarwal <[hidden email]> wrote:

> David,
>
> The context of this question is inclusion of GPL/HPL add-on modules
> (e.g.
> financials) in an OFBiz (not opentaps) installation that may also
> contain
> modifications to OFBiz and/or proprietary add-on modules. Would it be
> correct to consider OFBiz framework as an operation environment and,
> therefore, definition of the derivative work would depend upon
> presence or
> absence of direct interaction (function calls, not sure about service
> calls)
> among the modules? Is it correct that ECAs, since they are module
> calling
> OFBiz framework, most likely would not be considered direct
> interaction?
>
> Regards,
> Vinay Agarwal
>
> -----Original Message-----
> From: David E. Jones [mailto:[hidden email]]
> Sent: Tuesday, April 24, 2007 10:24 AM
> To: [hidden email]
> Subject: Re: Definition of Derivative Work under OFBiz Framework
>
>
> What is the context for this question? Do you mean OFBiz itself (the
>
> Apache OFBiz code base), or do you mean something like opentaps that
>
> has OFBiz plus GPL (well, actually HPL) licensed add-ons?
>
> In general remember the ECAs in an add-on component are NOT OFBiz  
> calling into that code, but rather that code calling into OFBiz. So,
>
> OFBiz is NOT in any way dependent on that add-in code.
>
> -David
>
>
> On Apr 24, 2007, at 11:15 AM, Vinay Agarwal wrote:
>
> > Hello,
> >
> >
> >
> > Is there a legal opinion published whether inclusion of a GPL'ed
> > "application" invoked through ECAs, does or doesn't make the entire
>  
> > OFBiz
> > installation a derivative work? As we know, invocation of an  
> > application
> > through operating system (normally through exec etc.) does not make
>  
> > the
> > calling application a derivative work. So, in this case, are ECAs  
> > similar to
> > operating system exec calls? Thanks in advance.
> >
> >
> >
> > Regards,
> >
> > Vinay Agarwal
> >
>
>
>

[David E Jones]

The things to keep in mind is the second bit I mentioned, and that  
makes it even simpler than the Linux OS case.

In the OFBiz case there is no Apache License v2 code calling GPL/HPL  
code, it is only the other way around. The GPL/HPL code uses the AL2  
only. With that setup the GPL has no effect.

If your changes rely only the AL2 licensed code (ie the main OFBiz  
code) then there is no encumbrance. If your code does rely on (call,  
etc) the GPL/HPL code, then you MUST abide by the terms of those  
licenses.

-David


On Apr 24, 2007, at 12:01 PM, Vinay Agarwal wrote:

> David,
>
> The context of this question is inclusion of GPL/HPL add-on modules  
> (e.g.
> financials) in an OFBiz (not opentaps) installation that may also  
> contain
> modifications to OFBiz and/or proprietary add-on modules. Would it be
> correct to consider OFBiz framework as an operation environment and,
> therefore, definition of the derivative work would depend upon  
> presence or
> absence of direct interaction (function calls, not sure about  
> service calls)
> among the modules? Is it correct that ECAs, since they are module  
> calling
> OFBiz framework, most likely would not be considered direct  
> interaction?
>
> Regards,
> Vinay Agarwal
>
> -----Original Message-----
> From: David E. Jones [mailto:[hidden email]]
> Sent: Tuesday, April 24, 2007 10:24 AM
> To: [hidden email]
> Subject: Re: Definition of Derivative Work under OFBiz Framework
>
>
> What is the context for this question? Do you mean OFBiz itself (the
> Apache OFBiz code base), or do you mean something like opentaps that
> has OFBiz plus GPL (well, actually HPL) licensed add-ons?
>
> In general remember the ECAs in an add-on component are NOT OFBiz
> calling into that code, but rather that code calling into OFBiz. So,
> OFBiz is NOT in any way dependent on that add-in code.
>
> -David
>
>
> On Apr 24, 2007, at 11:15 AM, Vinay Agarwal wrote:
>
>> Hello,
>>
>>
>>
>> Is there a legal opinion published whether inclusion of a GPL'ed
>> "application" invoked through ECAs, does or doesn't make the entire
>> OFBiz
>> installation a derivative work? As we know, invocation of an
>> application
>> through operating system (normally through exec etc.) does not make
>> the
>> calling application a derivative work. So, in this case, are ECAs
>> similar to
>> operating system exec calls? Thanks in advance.
>>
>>
>>
>> Regards,
>>
>> Vinay Agarwal
>>
>
>