GPL Licensing – Can I Include a GPL v3 Binary with My Proprietary Application if I Prompt the User to Download It at Install Time?

gpllicensing

I have a proprietary application that I want to distribute and sell. The application uses a GPL v3 licensed binary/library.

Since I don't want to distribute the source of my application and also want to provide convenience to my users, instead of supplying the GPL v3 library with my application bundle, can I provide a URL link at installation time which the user clicks to download the necessary GPL v3 library to their computer, necessary for my application?

That way, I would not be distributing the GPL v3 licensed library with my app, merely helping the user download it and then the library would be available to my application.

Edit 1:

To add another example to this method, how was Apple distributing XCode which was proprietary but which was making use of gdb and other gpl licensed components under the hood to work?

Best Answer

To make sure you won't get sued, be prepared to prove that your proprietary application will also work without any GPL V3 components. Then no one can claim you made a derivative work. If you cannot prove this, better stay away from this route.

You could, for example, provide and distribute a small closed-source lib which is ABI compatible to the GPL lib you want to use, but has only some restricted functionality. And then you tell your users how to replace the lib by the GPL component on their machine.

This boils down to the "loophole" discussed in this former SE post:

  • A is your closed-source program
  • B is your "stub-lib"
  • C is the GPL lib
  • and D is a GPL-licensed adapter (which is not required if B and C are ABI compatible)
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