1
jmass
Xoops modules license
  • 2004/8/4 16:06

  • jmass

  • Friend of XOOPS

  • Posts: 524

  • Since: 2003/12/18


Could I get a definitave answer on this:

The FAQ states:
"If I create a module for XOOPS, do I have to release it as GPL?

The GPL has exceptions that allow you to use GPL software and write your own extensions without releasing your code as GPL (I won't go into what's a module or not which is covered under GPL).

What you can't do is take the XOOPS core, put your code into in and sell it as yours. The only way you can sell the XOOPS CMS is as a complete package keeping in tact all copywright and copyleft code, credits, names, etc. (as you can see, there is NO value here).

Now, by the nature of PHP and XOOPS being both modules, theoretically, you could sell just your module alone under whatever license you choose but, since your distributing source, it'll be hard to keep the cat in the bag so to speak again loosing the value proposition.

Now, what myself and others do is give all the software away and charge for install, custom dev and other services to make a profit since software is a commodity.

Don't get caught in some trap thinking you have a killer mod that everyone will pay for because all that will happen is some smart dev will recode/copy what you've created and give it away."

But then I read in the SourceForge Forums:

"XOOPS currently uses the GNU-General Public License. This means that (as many of you know as you've taught me this yourself) when a module shares the core processes to a degree of dependancy, the module automatically fall under the same license."

Which is it?

All modules must be GPL or they do not. I ask because there a a few modules that have "GPL with XYZcorp ammendments". Is this legal? I for one do not think so, but I need a definate answer from someone with a better understanding of GPL.

JMass

PS - The idea of a LGPL core and a GPL module collection is a great one. However I think the LGPL core should be minimal.

2
Herko
Re: Xoops modules license
  • 2004/8/4 16:36

  • Herko

  • XOOPS is my life!

  • Posts: 4238

  • Since: 2002/2/4 1


Quote:
I wrote on sf.net:
"XOOPS currently uses the GNU-General Public License. This means that (as many of you know as you've taught me this yourself) when a module shares the core processes to a degree of dependancy, the module automatically fall under the same license."

The FAQ entry isn't correct, I'll need to remedy this. If a module is a true XOOPS module, and is dependant on the core classes and/or other (GPL) module classes, then the same applies for the module in question.

Herko

3
jmass
Re: Xoops modules license
  • 2004/8/4 17:04

  • jmass

  • Friend of XOOPS

  • Posts: 524

  • Since: 2003/12/18


Thank you for your response.

(Of course "a degree of dependancy" is open for interpitation, but that is a matter for a jury to decide)

Thanks again.

JMass

4
Mithrandir
Re: Xoops modules license

Where did you read it?

I'm searching and searching, but can't find it...

5
jmass
Re: Xoops modules license
  • 2004/8/4 17:30

  • jmass

  • Friend of XOOPS

  • Posts: 524

  • Since: 2003/12/18


Read What?

JMass

6
Mithrandir
Re: Xoops modules license

Quote:
The FAQ states:
"If I create a module for XOOPS, do I have to release it as GPL?

The GPL has exceptions that allow you to use GPL software and write your own extensions without releasing your code as GPL (I won't go into what's a module or not which is covered under GPL).

7
jmass
Re: Xoops modules license
  • 2004/8/4 17:50

  • jmass

  • Friend of XOOPS

  • Posts: 524

  • Since: 2003/12/18



8
Catzwolf
Re: Xoops modules license
  • 2004/8/4 17:59

  • Catzwolf

  • Home away from home

  • Posts: 1392

  • Since: 2007/9/30


There is nothing stopping you the developer charging for your software and restricting the usage under GPL.

You could state that the code maybe modified for personal use but not redistributed in any form. The whole point of a license is to protect your work and give you the developer rights over it.

There is nothing in the GPL to state than you can/cannot put restrictions on your work at all.

I know many companies that release their software under GPL, charge for and impose restrictions on its usage and redistribution.


9
jmass
Re: Xoops modules license
  • 2004/8/4 18:15

  • jmass

  • Friend of XOOPS

  • Posts: 524

  • Since: 2003/12/18


From the GPL:

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

I read "You may not impose any further restrictions on the recipients' exercise of the rights granted herein." as somthing stopping restricting the usage under GPL.

You may charge all you want, but can not restrict my right to change the code.

JMass

Edit -

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

Also relevant.

10
Herko
Re: Xoops modules license
  • 2004/8/4 18:22

  • Herko

  • XOOPS is my life!

  • Posts: 4238

  • Since: 2002/2/4 1


Quote:

wfsection wrote:
There is nothing stopping you the developer charging for your software and restricting the usage under GPL.

Not entirely true. There is nothing stopping the developer from charging for their software. Usage, on the other hand, cannot be restricted ano more then what the GPL regulates.
Quote:

wfsection wrote:
You could state that the code maybe modified for personal use but not redistributed in any form.

Not true. The GPL is very clear on this. For instance, the GNU GPL FAQ states:
Quote:

Why does the GPL permit users to publish their modified versions?
A crucial aspect of free software is that users are free to cooperate. It is absolutely essential to permit users who wish to help each other to share their bug fixes and improvements with other users.

Some have proposed alternatives to the GPL that require modified versions to go through the original author. As long as the original author keeps up with the need for maintenance, this may work well in practice, but if the author stops (more or less) to do something else or does not attend to all the users' needs, this scheme falls down. Aside from the practical problems, this scheme does not allow users to help each other.

Sometimes control over modified versions is proposed as a means of preventing confusion between various versions made by users. In our experience, this confusion is not a major problem. Many versions of Emacs have been made outside the GNU Project, but users can tell them apart. The GPL requires the maker of a version to place his or her name on it, to distinguish it from other versions and to protect the reputations of other maintainers.

So, you cannot restrict others to modify the code for personal user only, nor can you restrict the redistribution. Period.
Quote:

wfsection wrote:
The whole point of a license is to protect your work and give you the developer rights over it.
This I wholeheartedly agree with. In fact, Greg Magnusson of Cyborg Spiders Web Development wrote on the Novell Forge site:
Quote:

The GPL protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

In effect, the GPL is a copyright patent that guarantees that the souce code of a software package remains public property over time. The results of this license create a scenario where you have the legal freedom to copy, distribute and/or modify the 'said' software in accordance with your personal or business computing needs. What you cannot do is remove the General Public License from the software, in effect giving everyone else the same freedom to copy, distribute and/or modify the software source code. Free software is not necessarily without cost, and you are also free to charge for distribution of GPL software and / or the inclusion of a warranty or support service with, or without, modifying the software source code yourself. Hence, you cannot sell GPL software, but you can charge a fee for support, warranty, distribution, consultation, dvd-burning, etc.

So, what is the GPL? The GPL is a software patent that, in effect, guarantees public freedom to copy, distribute and/or modify the software with, or without charging a fee subsequent to the clause that removal of the GPL from the said software entails a violation of the patent agreement inherent to the GPL license itself.

Seems pretty clear to me here.
Quote:

wfsections wrote:
There is nothing in the GPL to state than you can/cannot put restrictions on your work at all.

The GPL puts some very clear non-restrictions in place, in effect negating most restrictions that could apply. For instance (again from the GNU GPL FAQ):
Quote:
Does the GPL allow me to require that anyone who receives the software must pay me a fee and/or notify me?
No. In fact, a requirement like that would make the program non-free. If people have to pay when they get a copy of a program, or if they have to notify anyone in particular, then the program is not free. See the definition of free software.
The GPL is a free software license, and therefore it permits people to use and even redistribute the software without being required to pay anyone a fee for doing so.

If I distribute GPL'd software for a fee, am I required to also make it available to the public without a charge?
No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

I just found out that a company has a copy of a GPL'ed program, and it costs money to get it. Aren't they violating the GPL by not making it available on the Internet?
No. The GPL does not require anyone to use the Internet for distribution. It also does not require anyone in particular to redistribute the program. And (outside of one special case), even if someone does decide to redistribute the program sometimes, the GPL doesn't say he has to distribute a copy to you in particular, or any other person in particular.
What the GPL requires is that he must have the freedom to distribute a copy to you if he wishes to. Once the copyright holder does distribute a copy program to someone, that someone can then redistribute the program to you, or to anyone else, as he sees fit.

Can I release a program with a license which says that you can distribute modified versions of it under the GPL but you can't distribute the original itself under the GPL?
No. Such a license would be self-contradictory. Let's look at its implications for me as a user.
Suppose I start with the original version (call it version A), add some code (let's imagine it is 1000 lines), and release that modified version (call it B) under the GPL. The GPL says anyone can change version B again and release the result under the GPL. So I (or someone else) can delete those 1000 lines, producing version C which has the same code as version A but is under the GPL.
If you try to block that path, by saying explicitly in the license that I'm not allowed to reproduce something identical to version A under the GPL by deleting those lines from version B, in effect the license now says that I can't fully use version B in all the ways that the GPL permits. In other words, the license does not in fact allow a user to release a modified version such as B under the GPL.


Quote:

wfsections wrote:
I know many companies that release their software under GPL, charge for and impose restrictions on its usage and redistribution.

The GPL allows you to charge for the code (as explained here in the GNU GPL FAQ), but the restictions on usage and redistribution are invalid (see my previous argument).

Seems pretty clear to me...

Herko

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