From mboxrd@z Thu Jan 1 00:00:00 1970 From: Richard Lawrence Subject: Re: How to make a non-GPL Org-mode exporter? Date: Mon, 27 Jul 2015 11:32:54 -0700 Message-ID: <87d1zda1t5.fsf@berkeley.edu> References: <87pp3dvm18.fsf@mbork.pl> Mime-Version: 1.0 Content-Type: text/plain; charset=utf-8 Content-Transfer-Encoding: 8bit Return-path: Received: from eggs.gnu.org ([2001:4830:134:3::10]:36444) by lists.gnu.org with esmtp (Exim 4.71) (envelope-from ) id 1ZJnDW-0001RS-Fg for emacs-orgmode@gnu.org; Mon, 27 Jul 2015 14:33:39 -0400 Received: from Debian-exim by eggs.gnu.org with spam-scanned (Exim 4.71) (envelope-from ) id 1ZJnDS-0005PH-7L for emacs-orgmode@gnu.org; Mon, 27 Jul 2015 14:33:38 -0400 Received: from plane.gmane.org ([80.91.229.3]:54325) by eggs.gnu.org with esmtp (Exim 4.71) (envelope-from ) id 1ZJnDS-0005Ox-1b for emacs-orgmode@gnu.org; Mon, 27 Jul 2015 14:33:34 -0400 Received: from list by plane.gmane.org with local (Exim 4.69) (envelope-from ) id 1ZJnD9-0004HI-Ci for emacs-orgmode@gnu.org; Mon, 27 Jul 2015 20:33:15 +0200 Received: from c-67-169-117-151.hsd1.ca.comcast.net ([67.169.117.151]) by main.gmane.org with esmtp (Gmexim 0.1 (Debian)) id 1AlnuQ-0007hv-00 for ; Mon, 27 Jul 2015 20:33:15 +0200 Received: from richard.lawrence by c-67-169-117-151.hsd1.ca.comcast.net with local (Gmexim 0.1 (Debian)) id 1AlnuQ-0007hv-00 for ; Mon, 27 Jul 2015 20:33:15 +0200 List-Id: "General discussions about Org-mode." List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , Errors-To: emacs-orgmode-bounces+geo-emacs-orgmode=m.gmane.org@gnu.org Sender: emacs-orgmode-bounces+geo-emacs-orgmode=m.gmane.org@gnu.org To: emacs-orgmode@gnu.org Hi Marcin and all, Marcin Borkowski writes: > after a short discussion in a recent thread, I have a serious technical > question. > > Assume that (for some reason) I want to write an Org-mode exporter which > won't be GPL'd. (Use-case: having written a few custom exporters, I'm > writing a tutorial on them, and I consider publishing a *tutorial* with > GPL'd code a Bad Thing™. (The idea of a programming tutorial is that > other people can or even should reuse the code in the tutorial, right? > And I see no reason to impose GPL on them.)) I am not a lawyer, this is not legal advice, etc., but for what it's worth, here's my opinion: It sounds to me like you are not creating a program derived from GPL'ed code, but rather *quoting* GPL'ed code (and introducing some modifications to those quotes) in a document whose purpose is to educate its readers. I don't know about your jurisdiction, but in the U.S., that sounds to me like it would fall well within the bounds of fair use: https://en.wikipedia.org/wiki/Fair_use (There is also a brief section there about fair use in Poland; maybe that will help you?) Only a court can say, but if you are only publishing this source code as part of a tutorial, so that it - has an educational purpose - serves to discuss ideas that can be gleaned from reading the original - does not substantially copy the original - does not devalue the original then I would guess the GPL does not apply to the code, as it is quoted/derived in your tutorial, due to a fair use limitation. So my advice would be: (1) treat the code in your tutorial along whatever lines are appropriate for quotation of copyrighted works in your jurisdiction; and (2) maybe include a notice in your tutorial to your readers, that if they create *and distribute* a working exporter based on the code in your tutorial and/or code in the Org distribution, the GPL may apply. If you are actually distributing the complete exporter as a working program, that seems a little murkier to me; the issue there, as you are aware, is whether that working program counts as a derived work. I have no idea how to answer that question. Hope that helps! Best, Richard