home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!mcsun!uknet!gdt!aber!fronta.aber.ac.uk!pcg
- From: pcg@aber.ac.uk (Piercarlo Grandi)
- Newsgroups: gnu.misc.discuss
- Subject: What the GPL actually means
- Message-ID: <PCG.93Jan6174715@decb.aber.ac.uk>
- Date: 6 Jan 93 17:47:15 GMT
- References: <1993Jan3.170815.18962@husc3.harvard.edu> <C0B34q.Ax0@news.udel.edu>
- <1993Jan3.213759.18973@husc3.harvard.edu> <C0BEFv.BJr@news.udel.edu>
- Sender: news@aber.ac.uk (USENET news service)
- Reply-To: pcg@aber.ac.uk (Piercarlo Grandi)
- Organization: Prifysgol Cymru, Aberystwyth
- Lines: 125
- In-Reply-To: johnston@me.udel.edu's message of 4 Jan 93 05: 40:42 GMT
- Nntp-Posting-Host: decb.aber.ac.uk
- X-Old-Subject: Re: Fund raising at the FSF
-
- On 4 Jan 93 05:40:42 GMT, johnston@me.udel.edu (Bill Johnston) said:
-
- johnston> If you want to use the text of the GNU source verbatim as part
- johnston> of the source for your program, yes, you are obligated to
- johnston> release all your source under the GPL.
-
- No, this is not required at all. For the mere incorporation of GNU sw
- into one's own there are no conditions whatsoever.
-
- The GPL says that the sources of any work of which GPL covered material
- is part must be covered by the GPL themselves only if and when those
- sources or any derivatives thereof (e.g. binaries) are redistributed to
- a third party.
-
- The GPL moreover specifies that only that third party has a right to get
- a copy of the sources alongside their binaries, and may then redistribute
- copies of those sources further.
-
- Note also that there is *no* condition imposed on the redistribution of
- the binaries themselves; these may or may not be covered by the GPL. In
- other words, the binaries can be totally proprietary.
-
- If you use GPL covered sources for in-house projects there is *no need*
- to release anything. The use of GPL covered sources, when they are not
- redistributed to anybody else, is not subject to *any* condition.
-
- What the GPL actually says
- ==========================
-
- Let me repeat this again, as it apparently virtually nobody understands
- these subtleties:
-
- the GPL states the condition that you can give copies of GPL covered
- sources, or their binaries, to third parties, all the sources
- involved in which they are must be covered by the GPL.
-
- * No conditions apply if you don't give anything to third parties.
-
- * No conditions apply on the binaries.
-
- * Nobody but the third party to which the binaries are given has
- a right to get the sources from you, and then only if they
- actually request them (but they must be informed in writing they
- have this right).
-
- * You can sell the binaries under any conditions you want, for any
- price you deem fit.
-
- * You can impose penalties, like withdrawal of warranty on the
- binaries, if the third party actually demands the sources (but
- the penalties cannot be excessive, like a fine).
-
- * If you distribute the sources alone, you can ask any price for the
- service of supplying them; if you distribute the sources after the
- request of somebody who got your binaries you can only ask for
- reimbursment of expenses incurred.
-
- Examples
- ========
-
- 1) You are a large bank. You use GNU LIB C++ to develop a financial
- application that is considered confidential and proprietary to the bank
- and no copies are given to other parties.
-
- -> You have no obligations whatsoever under the GPL.
-
- 2) You are a software developer. You build a JOVIAL compiler based on the
- GNU CC back end. You sell for $10,000 binaries of the compiler carrying
- your own copyright. With the binaries you give two years of maintenance
- and updates, a written offer to supply the sources of the whole compiler
- for reimbursment of the costs involved (media, personnel time,
- overheads), and a clause that the binaries must be deleted and the
- warranty expires as soon as the offer to get the sources is exercised.
-
- -> The binaries cannot be copied by the customer. If customers ask
- for the sources, they are on their own. They must recompile the
- sources and provide their own maintenance and support. They may
- then redistribute either as they see fit.
-
- 3) You are a source repository. You have a compilation of GNU sw.
- you are asked for a copy of the compilation.
-
- -> You are under no obligation to supply that copy. If you do, you can
- ask any price for the service of supplying it. Once supplied, the
- same compilation can be redistributed under the GPL without
- restrictions.
-
- Comments
- ========
-
- As you see in all these cases there is no prohibition against commercial
- activity; but you can only make people pay for your services, you cannot
- be a source rentier.
-
- 1) You can make any use whatsoever of GNU sw, if it is for own use.
-
- 2) If you provide poor maintenance and support for JOVIAL compiler, or if
- the price of the binaries is exagerated, your customers can demand the
- sources and do it themselves; or they can even provide the same services
- in competition with you. If you are good at maintenance and support, and
- your binary prices are low enough, nobody will have the incentive to do
- so. Indeed if somebody asks for the sources, and starts competing with
- you, selling binaries they have derived from the sources, you can
- compete with them offering your own maintenance and support services.
-
- 3) For the effort of assembling and supplying the compilation you can
- ask any price you seem fit. If your asking price is too high, somebody
- will ask for a copy and set up a more reasonably priced alternative. If
- they make a mess out of hit, you can get their customers back.
-
-
- Some will object that a lot of the incentive to develop a source in the
- first instance is precisely the hope of becoming a 'source rentier',
- like Wozniak or Allen. Too bad. Stallman (and friends) do not like them.
- If you want to take advantage of his (their) work, you have to agree to
- their tastes.
-
- Basically Stallman thinks that work should be rewarded, not absentee
- landlordship. Maybe he is not really a socialist, he has the same
- attitude towards 'source rentiers' that medieval theologicians had about
- usury ('unearned income').
- --
- Piercarlo Grandi, Dept of CS, PC/UW@Aberystwyth <pcg@aber.ac.uk>
- E l'italiano cantava, cantava. E le sue disperate invocazioni giunsero
- alle orecchie del suo divino protettore, il dio della barzelletta
-