Third Party Patches that link to OpenSSL

[Charles Swiger]

On Thursday, October 16, 2003, at 07:09 PM, Matthew Luckie wrote:
> I've written an OpenSSL plugin for gaim that allows gaim to use the 
> OpenSSL libraries that come installed with FreeBSD.  Gaim is a GPL 
> application, OpenSSL is BSD licensed, and apparently there are license 
> issues to deal with as a result.
>
> http://www.openssl.org/support/faq.html#LEGAL2

The first part of that reference starts with "On many systems including 
the major Linux and BSD distributions, yes (the GPL does not place 
restrictions on using libraries that are part of the normal operating 
system distribution)."

...and that would apply here, since FreeBSD supports OpenSSL as part of 
the normal OS distribution.

> They've said that unless the gaim project sanctions the use of OpenSSL 
> with their code, that I should not release the code.  Apparently that 
> would require contacting all of the prior developers to get their 
> permission.

Who is "they"?

Anyway, if there was a meaningful license conflict between Gaim and 
OpenSSL, the GPL (section 7) would forbid you from redistributing your 
modified version of Gaim+OpenSSL, but it would not forbid you from 
redistributing your patches by themselves.

The upshot is that while the end-user using those patches might be 
subject to patent infringement issues due to OpenSSL including RC5, 
IDEA, or other such algorithms which are patented in some parts of the 
world-- and thus would not be able to redistribute the result of 
applying your patches for the same reasons mentioned above-- they would 
be able to personally _use_ the result without violating the GPL.

IANAL, TINLA.  Does this help...?  :-)

-- 
-Chuck