Saturday, 25 May 2013

Can I distribute closed-source software that links with GPL'd software if I don't include the GPL'd software?

Can I distribute closed-source software that links with GPL'd software if I don't include the GPL'd software?

Let's say I were to write a closed-source program. This program would dynamically link with a GPL'd library, but would not itself contain any GPL'd code. According to the FSF's guidelines, the program would have to be released under the GPL, because the application and the library would be considered part of the same program.
However, what if I distributed the closed-source application, but without the GPL'd library, and forced users to download it themselves? In such a case, I don't think there would be a violation of the GPL. The closed-source program is technically not a derivative work of the library if the library is not included in the distribution, so I would not be violating the GPL by distributing it. And the users would not be allowed to distribute the program, so whatever they do to the program (including the addition of the GPL'd library) is irrelevant in the context of the GPL.
Is my reasoning correct? Is this actually a loophole in the GPL?

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