Hosting GPL and non-GPL code in same repository?

Question

Hi,

is it 'legal' to host GPL and non-GPL source code in the same svn repository, or would that imply that all code in that repository becomes GPL? The difference sources are in a layout like this:

/bsd-code/trunk/
/bsd-code/branches/
/bsd-code/tags/
/gpl-code/trunk/
/gpl-code/branches/
/gpl-code/tags/

We want to keep the bsd-code under bsd, for the time being. Note that creating a separate repository is obviously a solution, but I am interested in the layout as shown above.

Thanks for advice or pointers.

Answer 1

IANAL but I don't see why it would make any difference what repository the code is in. So long as you don't call any GPL code from BSD code.

Answer 2

Merely holding GPL'd code in the same repository as other code doesn't trigger any of the clauses in the GPL. The GPL only applies to actual distributions of an application in source or binary form.

(Standard disclaimer: IANAL)

Answer 3

GPL cares about linking and distribution, not what directories files sit in.

Merely putting GPL code in the same repository doesn't mean a thing. However, if you want to do that, there's a good chance you are trying to compile and/or link the code with some of yours, and that could be an issue. But even then, it would only be an issue if you try to distribute the result to someone outside of your company.

Answer 4

GPL cares about LINKING, not distribution (Most Linux distros distribute GPL and non-GPL code together). You can store these things wherever you like. One bit of advice, though. Make it VERY clear which part of your repository has the GPL code in it - to the point even of having a separate "gpl" directory or something like that. If your organization is more than a few people, you can't guarantee that someone else is going to read all the licenses before assembling pieces they find in the repo into something new, and they may accidentally trigger the GPL.