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Posted by Jerry Stuckle on 07/24/07 10:38
Anonymous wrote:
> Jerry Stuckle wrote:
>
>>>> No, but does it require Joomla to run? Does it call their API's?
>>> Irrelevant.
>>>
>> Not at all. Joomla is quite within their rights to say if your code
>> interfaces to them, it must meet certain conditions - like GPL.
>
> No. The person using my program together with Joomla must have the right
> to use Joomla and the right to use my program. Nothing more and nothing
> less. Calling Joomla functions from within my program only makes my
> program useless for people not wanting to use Joomla or adhere to its
> license.
>
>>> As long as what Toby wrote is true (that the plugin does not use any
>>> Joomla code) there is no licensing issue.
>>>
>>> Try to look at it from a different angle: If you want to give a program
>>> you wrote the ability to shut down the computer, do you need to own the
>>> rights to Windows or ask Microsoft for permission to use the ExitWindows
>>> function?
>> If it interfaces to Joomla, it uses their code.
>
> No, it doesn't. It just calls a function which is unavaliable. If the
> function is unavaliable my program does not run. That's it. If Joomla
> happens to have functions that have the same name and make sense in the
> context so that my program actually does something useful, that's great.
> But that does not make my program a part of Joomla or Joomla a part of
> my program.
>
Which means your program requires Joomla to run. Your attempt to
rationalize will not hold up in court, IMHO. It's like saying "I was
out practicing my shooting and he just happened to get in the way of a
bullet".
> To get this straight (so that no one can misunderstand): Of course, if I
> provide a ready to use package which contains Joomla plus my program I
> have to put the whole package under the GPL. Because I would not have
> the right to do so without accepting the GPL.
>
No problem.
> However, if I choose to provide my program in a nonfunctional single
> package which only contains my code I can choose to use any license I
> like. And users who want to use my program and put Joomla and my program
> together will have to abide by both li
>
Yes. But if you want to call Joomla functions you have to abide by
their requirements to use those functions.
>> And actually, yes, you need permission to use the ExitWindows function
>> to call it. But read your compiler license. It specifically gives you
>> permission to do so.
>
> LOL! And in what way, shape or form could IBM/Borland/the GCC
> team/insert compiler company of your choice here give me a license to
> call code that was written by Microsoft?
>
Check your licenses.
> Nope, the same principle I described above also works here: I don't need
> to ask anyone if I am allowed to call a function called ExitWindows. If
> my program just stops because such a function doesn't exist, that's bad
> luck for me. If it does exist, that's fine, but doesn't make my program
> part of Windows.
>
Tell it to the judge.
> The user is responsible for bringing together a valid Windows license
> (and thus a legally owned copy of the user32.dll which contains this
> function) and my program (of course just as legally licensed by my
> terms).
>
Tell it to the judge.
> If what you say were true Microsoft could simply forbid anyone to
> program for Windows because it is practically impossible to program for
> Windows without using any Windows API.
>
> Your technical advice is usually very good (even though a bit uppity at
> times) but you don't seem equally well versed in the judicial side of
> technology.
>
> Bye!
And you come here looking for free legal advice, then throw out anything
which you don't agree with.
I suspect Joomla has done something you haven't - consulted an attorney.
I suggest you do, also. Otherwise you might find yourself in big
legal trouble.
Although IANAL, I believe you will find I am much more well versed in
the legal side than you think.
--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex@attglobal.net
==================
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