<div dir="ltr"><br><br><div class="gmail_quote">2011/4/9 Aviad Mandel <span dir="ltr"><<a href="mailto:aviad.mandel@gmail.com">aviad.mandel@gmail.com</a>></span><br><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
<div dir="ltr">Hi list,<br><br>I know you're not lawyers, but I though you could help me with a GPL issue.<br></div></blockquote><div><br>IANAL, but I'll try.<br> <br></div><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
<div dir="ltr"><br>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.</div>
</blockquote><div><br>This is not clear to me. With all the respect due to GPL, what makes you think that it will make evaluation better? Do you mean that reviewing your source code will allow them to evaluate it better? You can give source code to your potential customers under all sorts of terms.<br>
<br>I am not trying to discourage you from using GPL, far from it. But your goals are not clear.<br> <br></div><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
<div dir="ltr"> 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).<br>
<br>So as long as I make sure I own all copyrights, will this work legally?<br><br>Two main questions:<br><br>(1) Is GPL giving me the enough protection?<br></div></blockquote><div><br>From what? What is your risk here? <br>
<br>If you give Company XYZ your library under GPL they are free to use it, in either modifed or unmodified form. They can build their own product upon it. They can use it internally or they can host it on heir servers (just as example), and provide a service to their customers. They will not be able to *distribute* the library or any derivative work without the distributed stuff being under GPL.<br>
<br>Bottom line, you have not given enough information about your customers' business (or about your business) to give you a yes/no answer.<br><br></div><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
<div dir="ltr">(2) Will GPL allow a company which hasn't bought a non-GPL license enough freedom to evaluate the library?<br></div></blockquote><div><br>Depends on what evaluation consists of. If evaluation is strictly internal (or providing a beta-service to customers) then yes. If Company XYZ needs to give a copy of their software linked to your library to someone (who does not work for them) then probably no.<br>
<br></div><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;"><div dir="ltr">
<br>What makes this slightly complicated, is what happens when company X decides to take my library and integrate it into their proprietary software for evaluation. Even for their internal copies, they can't badge the whole package as GPL, because they don't necessarily own the rights to all components, and may not even have all sources.<br>
</div></blockquote><div><br>This does not matter. I assume the legal relationship here is between you and Company XYZ. So in-house they can do whatever they want - it's not distribution. of course, if some other piece of software has a license that says "do not link this to anything GPLed" then there is a problem. I have not seen such clauses.<br>
<br></div><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;"><div dir="ltr">
<br>So let's look at the case where the company has just linked my GPL'ed library with their proprietary source codes + proprietary libraries for which the company only has as binaries.<br><br>Now person X wants to send a copy of the software's binary (my library included) to person Y, say over email. Under what conditions is it legal? If person Y works at the same company? For the same company (outsourcing)? Has access to everything necessary to build the software, so that person Y could in theory build the binary from software owned by the company + the library under GPL?<br>
</div></blockquote><div><br>This does make it complicated, and more than slightly complicated. The key here is the notion of distribution.<br><br>Case 1: Mr. Y is an employee of Company XYZ. No problem - giving a copy to Mr. Y is not distribution.<br>
<br>Case 2: Mr. Y is a contractor. Does his contract with Company XYZ include the provision that his work is "work for hire"? If yes, then maybe it is OK (in the US). If not, then (e.g., in the US) the contractor is an independent entity and giving him a copy constitutes distribution.<br>
<br>Case 3: Mr. Y actually works for a subsidiary of Company XYZ. Even if the subsidiary is wholly owned by XYZ it is, by law, an independent entity. So it is distribution. (Still it may not matter in practice, or it may.)<br>
<br>Case 4: Mr. Y is a consultant who works under NDA on a project for Company XYZ. NDA or no NDA it may be a problem for XYZ, for Mr. Y, for both, and for you.<br><br>There are probably many more relevant situations, and different laws in different countries may or may not apply. If Mr. Y is crucial to make the evaluation problems may arise. <br>
</div></div><br clear="all"><br>-- <br>Oleg Goldshmidt | <a href="mailto:pub@goldshmidt.org">pub@goldshmidt.org</a><br>
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