GNU/Linux license question..

[hasu]

If a company wants to write a custom application in Linux to manage their business are they supposed to release the source code under GPL even if their business is not selling that software itself? Can they use KDE and other open source development tools available in Linux?

 

[tatteredpotato]

Obviously there is some provisions to be able to sell open source software, just look at Red Hat and Suse, but I'm not sure about what or how much you have to release.

 

[drag]

Keep in mind that I am not a lawyer and you shouldn't take this as real advice. This is just my personal understanding of the matter.

Depends on weither or not they use GPL'd code in their program.


So lets assume that your using GPL software in the software your going to make. Say you want a terminal program so you end up using code from Gnome-terminal in your program. That's GPL'd code and that would make your software a 'derivative'.

If it's a derivative then you have to provide your software under the terms of the GPL license. If you distribute the software you are under a legal obligation to provide the source code for your application.

Now you don't have to nessicarially provide it for anonymous FTP download over the internet or anything like that. But you do have obligations:

3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)

So the easiest way is if you distribute the software you simply include a copy of the source code on the same media as the software itself. If somebody wants to have the source code then they mearly need to get it off their cdrom or dvd or whatever.



Also keep in mind that the GPL only kicks in _if_you_distribute_the_software_. If you do not distribute the software then you can do whatever you want with it. It's not a big deal.



Also keep in mind that most development tools and things have exemptions so that you can code software with those tools and not have to open source your software.

For example.. The GCC compiler is licensed under the GPL license. But if you compile software with it you don't have to provide that software under the GPL license.

Most development software is like that. IDEs, code libraries, etc etc.

Now with KDE their QT libraries are GPL-only. Which means that if you use QT libs in your software then your software should be GPL.

The company that provides QT is called Trolltech and they provide a propriatory license to use QT in closed source applications if you are willing to pay for it. That's how they make their living.

Contrast that to Gnome environment, which uses GTK. GTK is licensed under the 'LGPL' or 'lesser GPL' which means you can link against it and not be forced to license your software under the GPL. This may be one of the reasons why Gnome is the standard for corporated desktops from people like REdhat or Novell/Suse.






So in summary:

A. If you use GPL code in your program or link against GPL-only libraries AND you distribute the software you have to provide source code to people that request it.

B. If you do NOT link against GPL-only libs/use GPL source code OR you do NOT distribute the software then you are not covered under the GPL and you are under no obligation to
distribute source code.

GPL only kicks in if you are distributing the software.


C. Again keep in mind that most development software (IDEs, editors, compilers, interpreters, etc etc) has exceptions so you can use them without affecting the license of your software. For KDE if you use QT you can purchase a license from Trolltech so that you do not have to open source your application.

Hope that helps clear it up, keeping in mind that this is just my personal understanding.

 

[drag]

Oh and by the by.

There already is a considurable amount of open source system management software out there. A _lot_ of it. For stuff big/enterprise and small.

Chances are that if you go to freshmeat.net or google around you can probably find something that will work for you. Even if you can't find anything that will work for you out of the box, since everything is open source, you can probably find something that can be modified to work or used as a basis for your own applications. This may make things considurably cheaper and if you work with projects they may want your modifications back upstream. If that happens then most of the time it will take a lot of the burden of maintaining the software and fixing bugs off your hands.

 

[hasu]

Thanks guys! I just wanted to be prepared myself to face such a question. Unlike BSD style license, GPL is a little vague and may be more appropriate for generic (commonly used) applications like operating system or office suite.

 

[Nothinman]

If a company wants to write a custom application in Linux to manage their business are they supposed to release the source code under GPL even if their business is not selling that software itself? Can they use KDE and other open source development tools available in Linux?

Under the GPL you're only required to give the source to the users that you give the application to so if it's an internal-only app then you would only have to worry about your users asking for the source. You should also understand that with the GPL they get to do whatever they want with that source so they can take it, rebuild it and sell it outside the company.

But most Linux distributions include software under lots of different licenses so you can't only consider the GPL.

 

[n0cmonkey]

This is one of those things that make lawyers come in handy.

 

[hasu]

Originally posted by: n0cmonkey
This is one of those things that make lawyers come in handy.

l
If only lawyers were just as (in)expensive as Linux!

 

[Nothinman]

If only lawyers were just as (in)expensive as Linux!

But most companies are already paying lawyers for other reasons so it's not really any more expensive to ask them about this.