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Archived ⇒ GPL commercialisation question

If person A takes some code that has previously been released under the GPL license, adds his or her own modifications to it, that packages the whole thing for sale, is this legal?

In other words, you take one GPL module + self written code, package it all together and sell it. Is this legal?


Server specs (Server OS / Apache / MySQL / PHP / DragonflyCMS):
1.3.34 (Unix)/4.1.18-standard/4.4.2 / CVS

Basically the way it works out is this:

From the GPL FAQ: wrote
If I use a piece of software that has been obtained under the GNU GPL, am I allowed to modify the original code into a new program, then distribute and sell that new program commercially?
You are allowed to sell copies of the modified program commercially, but only under the terms of the GNU GPL. Thus, for instance, you must make the source code available to the users of the program as described in the GPL, and they must be allowed to redistribute and modify it as described in the GPL.

These requirements are the condition for including the GPL-covered code you received in a program of your own.


From the GPL FAQ: wrote
I'd like to incorporate GPL-covered software in my proprietary system. Can I do this?
You cannot incorporate GPL-covered software in a proprietary system. The goal of the GPL is to grant everyone the freedom to copy, redistribute, understand, and modify a program. If you could incorporate GPL-covered software into a non-free system, it would have the effect of making the GPL-covered software non-free too.

A system incorporating a GPL-covered program is an extended version of that program. The GPL says that any extended version of the program must be released under the GPL if it is released at all. This is for two reasons: to make sure that users who get the software get the freedom they should have, and to encourage people to give back improvements that they make.

However, in many cases you can distribute the GPL-covered software alongside your proprietary system. To do this validly, you must make sure that the free and non-free programs communicate at arms length, that they are not combined in a way that would make them effectively a single program.

The difference between this and "incorporating" the GPL-covered software is partly a matter of substance and partly form. The substantive part is this: if the two programs are combined so that they become effectively two parts of one program, then you can't treat them as two separate programs. So the GPL has to cover the whole thing.

If the two programs remain well separated, like the compiler and the kernel, or like an editor and a shell, then you can treat them as two separate programs--but you have to do it properly. The issue is simply one of form: how you describe what you are doing. Why do we care about this? Because we want to make sure the users clearly understand the free status of the GPL-covered software in the collection.

If people were to distribute GPL-covered software calling it "part of" a system that users know is partly proprietary, users might be uncertain of their rights regarding the GPL-covered software. But if they know that what they have received is a free program plus another program, side by side, their rights will be clear.

These are readable here.

quis custodiet ipsos custodes

Server specs (Server OS / Apache / MySQL / PHP / DragonflyCMS):
Debian 6.07/Apache 2.x/MySQL 5.x/PHP 5.3/DF 9.x

According to the GPL:

Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

-- GPL Preamble

From the text of the GPL:

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

So (I am not a lawyer, YMMV) you can charge for the transfer of the software, for warrenting the software, even if you do not make any changes to it.

I could put Dragonflycms on a CD, and charge $500 for the CD. However, people would be able download the free version, get the source code etc, so it would not make much sense.

That is how Novell, RedHat etc all are able to charge for their Linux distros. It's almost all GPL'ed software (with enhancments that they added) but they still charge for it.

I can go and get all of the GPL'd software that they charge for, download it for free (well, minus the bandwith) and install and use it legally.

I guess the next question is why pay for it?

First off, most of the large corps that charge for Linux are giving back to the community. Secondly, there may be some non-GPL'd software included in the for-pay distro (like MP3 encoders or extra media codecs - which are not F/OSS).

For a Good Time
For a Bad Time
For a Geeky Time

Server specs (Server OS / Apache / MySQL / PHP / DragonflyCMS):
OS X Gen

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