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Re:French Court Issues Damages Award for Violation of GPL by Nursie on Monday March 04, 2024 @06:45AM (#39589303)
I think that's probably an interesting case, and whether it's a valid defence is going to depend on what you're doing.

If you are (for example) shipping a product which is effectively a thin wrapper around a GPL 'd component, but instead of linking to a GPL'd library you've written and dutifully GPL'd a small shim program that turns the library into an executable and reads function arguments over a pipe, then you call that from your 'non-GPL' code... I don't think you'll find the process boundary is some sort of absolute defence in law.

In fact you may be looked upon unkindly in court for having knowingly attempted a license circumvention mechanism.

The law is not necessarily sensitive to the exact inner workings of a turing machine, and the definition of a derivative work may or may not be affected by such shenanigans.

Re:French Court Issues Damages Award for Violation of GPL by EnigmaFlare on Monday March 04, 2024 @03:59PM (#39596003)
If the whole product you're selling is just a thin wrapper around GPL code, why not simply sell the GPL code or GPL the wrapper? Surely the wrapper would be trivial for a competitor to replicate so the reason you're able to make money from it must be something else like other services you provide with it, or just the value of you having chosen and distributed that particular GPL program.
Re:French Court Issues Damages Award for Violation of GPL by Nursie on Monday March 04, 2024 @08:11PM (#39598242)
It was more of a thought experiment to show that a process boundary isn’t likely to be some sort of perfect defence, than a real example of how someone might operate.