[PyQt] Has the GPL_EXCEPTION.TXT been revoked?

[Pepijn Kenter]

> On 24 Sep 2016, at 11:38, Phil Thompson <phil at riverbankcomputing.com> wrote:
> 
> On 24 Sep 2016, at 10:03 am, Pepijn Kenter <titusjan at gmail.com> wrote:
>> 
>> Dear all.
>> 
>> I’d like to release my software, which uses PyQt, under the MIT license. There used to be an exception that, if I understand correctly, allowed this. This was is the file called GPL_EXCEPTION.TXT that comes with the source distribution of PyQt 4.11.3 and earlier. However, from version 4.11.4 onwards and in PyQt5 this file is no longer present. Can you tell me if the exception has been revoked?
>> 
>> I know that this has been asked before in this mailing list here: https://riverbankcomputing.com/pipermail/pyqt/2014-February/033848.html. However, that answer mentions that the MIT is compatible with the GPL-3, which I believe is true as long as you release your software under the GPL (see https://www.gnu.org/licenses/gpl-faq.en.html#WhatDoesCompatMean). The exception would allow me to release my SW under the MIT license. 
> 
> There is no problem using the MIT license for the code you write. If you *distribute* your code *with* the GPL version of PyQt then you must do so under the terms of the GPL.
> 
> Phil

Thank you Phil, for your quick reply. 

Sorry if I’m dense but your emphasis on the words *distribute* and *with* make it look to me that you discern three situations:

1) Write code that uses PyQt but don’t distribute it. I think there is no license needed at all (so I can use the MIT of course). Anyway, this situation is not relevant to me.
2) Distribute my code *with* PyQT included in one package or executable. It’s clear from your answer that I would then need to distribute under the GPL.
3) Distribute my code *without* PyQt but let my users download and install PyQt separately. 

The third situation is actually what I want. My SW works with both PySide and PyQt and it’s up to the user to decide which of them to use.

So my follow up questions is: can I release my SW under the MIT license in situation 3?

Pepijn.