GPL as an evaluation license

[Shachar Shemesh]

On 09/04/11 15:50, Aviad Mandel wrote:
> Hi list,
>
> I know you're not lawyers, but I though you could help me with a GPL 
> issue.
Indeed. IANAL. TINLA.
>
> I'm writing a function library in C which I want to sell licenses for, 
> targeting a specialized industry. To make my entry point better, I 
> plan to release it under GPL (as opposed to LGPL) so that potential 
> users can evaluate it properly before making a decision. My target 
> industry is far far away from FOSS, so I'm pretty sure that they won't 
> release their own code under GPL in order to adopt mine free (as in beer).
>
> So as long as I make sure I own all copyrights, will this work legally?
>
> Two main questions:
>
> (1) Is GPL giving me the enough protection?
Probably not.
> (2) Will GPL allow a company which hasn't bought a non-GPL license 
> enough freedom to evaluate the library?
>
Probably. If you read the FSF's FAQ, you will see they do not consider 
making copies and using the same code inside one company as 
"distribution", and therefor the GPL does not apply there, according to 
them. You can certainly adopt that view (and make it explicit) for code 
for which you are the copyright owner.

The GPL, however, is limited in scope by the fact it is a copyright 
license. Where a copyright license is not needed, the GPL has no effect. 
This is a matter of increasing focus as GPL software becomes more and 
more prevalent, and thus is something you might want to take heart of. 
It is questionable whether merely dynamically linking to a GPL library 
is enough to force your software to be GPL or illegal. As such, I would 
not choose this license for that purpose.

Shachar

-- 
Shachar Shemesh
Lingnu Open Source Consulting Ltd.
http://www.lingnu.com