I would like to create a benchmark that compares several open-source implementations of a particular functionality. Some of those implementations carry a GPL license, while others are more open: Apache, MIT, BSD-3.
The benchmark itself is relatively simple: prepare data, run the function in a loop, measure time/memory footprint, repeat for every implementation. Even though I can run this on my own computer and publish just the results, it is considered a good practice to also provide the source code for the benchmarks. Assuming that I'm only allowed to publish the benchmarking code as Apache v2, what options do I have? The code that I'm testing has to be modified slightly in order to ensure uniformity of interfaces across all implementations.
- Claim fair use exception and include GPL code into the benchmark? It is my understanding that GPL is copyright-based, and the fair use doctrine specifically exists to allow reuse of small portions of copyrighted text in reviews (which benchmarking essentially is).
- Include the GPL code, but have it commented out, with instructions saying that whoever wants to benchmark the GPL implementations will have to manually uncomment and recompile? In this case the GPL code would be propagated, but without being included in the "final product" - would this count as distributing an "aggregate" (from GPL standpoint)?
- Do not include the GPL code at all, stating that the terms of GPL license prevent me from doing so? Accompanied by a link where one can download this code on GitHub, and an explicit instructions how to incorporate it into the benchmarking framework.