Start with the GPL FAQ at (
http://www.gnu.org/licenses/gpl-faq.html),
you'll find some of your questions answered there.
Also read the GPL, if you have concerns, reading the license is the best
place to start (unlike many license that require a law degree to even
halfway understand).
In regard to services:
First, Copyright only applies to the copyrighted work and it's
distribution. Provided you don't distribute a copy of a work or a
derived work, copyright, generally, doesn't apply.
Consider a website, that charges a fee to access proprietary content
(say videos of sports, or specialized stock research). Suppose that site
is built using a GPL CMS, runs on GNU/Linux, uses a GPL firewall,
encodes the videos using GPL software, distributes the video content
using OGG/Theora, and stores everything in a GPL database backend. Then,
currently, they have no requirement to release anything under GPL. If
they then distributed their "solution" to others, they would be required
to release any source code changes to the tools to those same persons
under the GPL, but their content is not affected.
A simpler example; you use the GIMP to create "The Great 21st Century
Masterpiece"(tm), you had to patch the GIMP to get it working on your
"O'Neal Linux"(tm) system, and you post the modified version on your
website for "O'Neal Linux"(tm). The copyright to your "The Great 21st
Century Masterpiece"(tm) is completely unencumbered. The website for
"O'Neal Linux"(tm) must release the source code for your modified GIMP
version in compliance to the GPL license under which the GIMP was
offered to you.
What the GPL v3 is likely to change is that, in the first scenario, by
delivering a service using GPL software, the new license *may* require
that you provide the source code for any changes to the code used to
deliver that service under GPL. What this would mean is that they would
not have to distribute their "solution" in order to trigger the GPL
release requirement, they would only need to deliver services using
their "solution".
One other note, business models cannot be copyrighted. Code that
implements a model, can be, but the model itself could only be patented
(although it *shouldn't*). GPL applies to software source code. There
are other licenses to apply to other types of copyrighted works, and
some are working on a "free" patent license, but the GPL is specific.
There are not, and will not, be restrictions on the ability to profit
from GPL code. The only restriction on profit from GPL code arises from
competition. Since anyone else can distributed the same code, you have
to compete on real issues of service and support to generate competitive
advantage (which translates to profit), rather than competing unfairly
through a copyright monopoly.
Final analysis, if you want to create proprietary software, don't modify
GPL code to do so. Even if you don't plan to distribute the code
currently, you may want to in the future, and you wouldn't be able to do so.
One other thing, If you plan to work on software code, be very careful
about repeat implementations. If you write (or closely examine) code
that accomplishes a task, and later write code to accomplish the same
task. If the subsequent code is found to be sufficiently similar, then
the code may be determined to be a "copy" of the original. The courts
tend to flip-flop on this issue, so it's not guaranteed, but it's
definitely possible. That doesn't mean don't work on code, just don't do
the exact same thing on different projects unless you create the code
independently. You can always re-license your own work, if you own the
original copyright, but you cannot relicense work owned by others. there
are a few limited references to this issue on the GNU site, mostly
because employers are getting more and more expansive in their claims to
copyright on employees' work, some even claim all work you ever do,
past, present, future, which becomes pretty nasty if you think about it.
Disclaimer:
IANAL, you should consult a qualified attorney for legal advice relevant
to your specific circumstances.
BTW: if you're working for a corporation, you may be able to ask for an
opinion from their corporate counsel without paying a fee, that's what
corporate counsel is for.
Bryan.ONeal@asu.edu wrote:
>I sorta asked out of curiosity, however I am a bit worried in that if I have a
>client, who has a client, that is looking to provide a service. My client may
>ask me to research off the shelf solutions or open source projects that will
>require little modification. If such products or projects can not be found
>document what you did and preparer a conceptual model from which my client may
>contract programmers to complete the task for their client. As much as I love
>the GPL I do not want to taint closed projects with open code any more then I
>would want to taint open projects with closed code. And now that I am getting
>into the programming world as a researcher and modeler I find it best to ask
>if there is any issues I should avoided. I certainly do not want to go
>against the intentions of the original creators, even if they never finished
>their creation. And while I believe that as long as I do not try to sell code
>as a product in and of itself, then it is OK. But the selling of services
>that use code gets a bit tricky. Particularly in these dark days of
>copyright.
>
>As much as I would love to ask a lawyer, I simple can not afford to do so.
>
>
>On Tue, 26 Apr 2005 ted@gould.cx wrote:
>
>
>
>>On Tue, 26 Apr 2005 Bryan.ONeal@asu.edu wrote:
>>
>>
>>>Just out of curiosity, If I base a commercial project on a GPL project
>>>1) Are their any restrictions on profits generated?
>>>2) If I never sell or otherwise distribute my code do I have to release my
>>>code?
>>>
>>>Example: If I set up a database of education institutions with licensed slides
>>>of famous art, and then charged for membership so these institutions could
>>>distribute their work to each other. And 30% of the code I used came from a
>>>dead source forge project. Or the model (either the business model or the
>>>site/code model) came from a dead open source project. Would I have to
>>>release my code under the GPL? And what does release entail?
>>>
>>>And if I did not use GPL models, but I have been known to read GPL models can
>>>some one who latter finds a similar GPL model sue me (or more importantly my
>>>customers) to open said code under the assumption that I may have seen said
>>>model and inadvertently integrated its concepts into my work?
>>>
>>>
>>Frist, I am not a lawyer, you should probably seek legal council on most
>>of these type of things so that someone can take your specific situation
>>into account.
>>
>>In general, the GPL says that if you distribute a binary of the code, you
>>must also distribute the source. For instance, if I was to change the
>>source code, and then give you a copy of the compiled program, I must make
>>the source available to you.
>>
>>Now, as far as delivering a service using an open source tool -- currently
>>that does not constitute distributing the program. It is rumored this may
>>change in GPL v3. If you modify a GPL Apache module, but never give
>>anyone the binary, you aren't responsible to give them the source.
>>
>>Source code in general is protected by copyright, which protects a
>>specific implementation of an idea. This is similr to the idea of a
>>star-crossed lover. If you wrote a book where the love interests weren't
>>able to get together because of societal issues, you wouldn't owe
>>Shakespere money. This is a very fine line, and one I'd be careful with.
>>I would definitely recommend implementing in another language if possible.
>>
>>In conclution, it probably isn't a good idea to try and do a "proprietary"
>>fork of any open source project. If you add features, and other people
>>add features, then you've got a greater whole than either of you could
>>have created. In very few cases is that your competative advantage, it
>>sounds like, in your case, that your real competative advantage is the
>>data that you're collecting. I'd strongly recommend working on your
>>project in an open fasion.
>>
>> --Ted
>>
>>
---------------------------------------------------
PLUG-discuss mailing list -
PLUG-discuss@lists.plug.phoenix.az.us
To subscribe, unsubscribe, or to change you mail settings:
http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss
(text/plain)