Re: [syl20bnr/spacemacs] Proposal to improve GPL compliance (#14444)

[github.com@gnu.support]

* Ilya Grigoriev <notifications@github.com> [2021-03-02 06:11]:
> I think @gnusupport is under the impression that the Spacemacs
> distribution includes GNU Emacs. This was not my experience -- to
> run Spacemacs, I had to obtain GNU emacs separately.  I don't
> believe there is any of the releases in
> https://github.com/syl20bnr/spacemacs/releases contain any portion
> of GNU Emacs (or, at least, they shouldn't), and there's no way for
> a user to run Spacemacs using those files without obtaining GNU
> emacs separately.

> However, if there is a Spacemacs distribution on the website or
> elsewhere that DOES include GNU Emacs, @gnusupport may have a point.

For copyright law it does not matter where are other parts of the
combined work located. You said it well, Spacemacs depends on
Emacs. Thus Spacemacs together with Emacs creates combined work.

Please read the GNU GPLv3:
https://www.gnu.org/licenses/

Spacemacs is not mere an aggregate:

" 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,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit.  Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate."

- Spacemacs is extension to Emacs

- Spacemacs is combined with Emacs to form larger program

Thus Spacemacs is not merely an aggregate. I have given already
references to it in previous comments.

It really does not matter how other parts of the combined work are
pulled, fetched, from where, packaged, or not packaged together. They
can be apart. There is so much other software that is fetching from
other places other parts of software.

That fact of fetching other software does not exclude it from placing
proper licensing notices or complying to GPLv3.