[Typo3-dev] TER License Problem

[Alexander Langer]

Michael Scharkow wrote:
> Come on, stop beating the dead horse:

I don't think that coming up with something like this leads to a proper 
solution, Michael.

1. PHP is a interpreter that
> tranlates data (=code) into output. GPL does not affect the data you use 
> with software. TYPO3 does not interpret any extension code.

What is Typoscript?

Actually, I really don't see the difference between a PHP function call, 
that is implemented in C, and a Typo3-function call, that happens to be 
implemented in PHP, but could also be implemented in C.

> 2. As with binary drivers: Many people think this is actually to be 
> contested in court, but the main argument is that they should be GPLed 
> but nobody has legally challenged that yet because Linus doesn't care.

Actually, the issue has been contested in court.  This is known to be 
the AT&T UNIX against BSD lawsuit, where the BSD developers did exactly 
what we are talking about:  Implementing open source software using UNIX 
  API, yes even "stealing" their API for their own products (for 
compatibility).  The "small" difference:  AT&T _did_ care, and the 
result of the lawsuit was 4.4BSD-Lite2 being publically available.

>> Can you please give me the exact sentence/paragraph where you read 
>> this in the GPL?
> §2 b

| b)  You must cause any work that you distribute or publish, that in
| whole or in part contains or is derived from the Program or any part
| thereof, to be licensed as a whole at no charge to all third parties
| under the terms of this License.

"that in whole or in part contains or is derived".

This is exactly what I said in the first posting:  In general, no 
Typo3-extension is derived from stock Typo3-code nor does it contain 
parts of it.  Thus this paragraph doesn't hold.

Alex