[openssl-dev] The new OpenSSL license should be made GPLv2 compatible

Carlos Alberto Lopez Perez clopez at igalia.com
Sat Mar 25 18:47:23 UTC 2017

On 25/03/17 17:10, Salz, Rich via openssl-dev wrote:
>> Please, in the final OpenSSL license text add the paragraph linked in the
>> above LLVM mailing list as an exception to the Apache license.
>> We should make sure using OpenSSL in GPLv2-only projects its possible
>> without any trouble or concern for developers.
> The problem is that if it is distributed under the GPLv2 there is no patent protection, and that is important to us.
> Sorry, we can't do that.
> Options include: GPL authors adding an exception, using something with a compatible license, treating OpenSSL as a system library, or deciding that dynamically linking is sufficient.

Unfortunately, dynamically linking is not a solution.

My understanding is that the GPLv2 considers any library used by the
GPLv2 program (it doesn't make a difference between dynamic or static
linking) part of the same whole covered work. [1]
Therefore the respective licenses of each one of this libraries, can't
impose any further restrictions on the rights granted by the GPLv2 itself.
And the obligations that the Apache 2.0 license imposes over patent
related rights, are considered a further restriction in this context.

[1] https://www.gnu.org/licenses/gpl-faq.en.html#GPLStaticVsDynamic

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