GPL as an evaluation license

2011-04-09 Thread Aviad Mandel
Hi list,

I know you're not lawyers, but I though you could help me with a GPL issue.

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. 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).

So as long as I make sure I own all copyrights, will this work legally?

Two main questions:

(1) Is GPL giving me the enough protection?
(2) Will GPL allow a company which hasn't bought a non-GPL license enough
freedom to evaluate the library?

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.

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.

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?

TIA,
  Aviad
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Re: GPL as an evaluation license

2011-04-09 Thread Omer Zak
IANAL either.

But what you are looking for is, in principle, dual licensing.
The providers of MySQL and Qt follow the same model.  Their software
libraries are available under either GPL (with all the restrictions it
entails) or under a proprietary license.

When a client of yours gets your software under proprietary license, you
are free to impose whichever terms you want upon them, including terms
under which they are allowed to transfer the software to third parties.

--- Omer


On Sat, 2011-04-09 at 15:50 +0300, Aviad Mandel wrote:
 Hi list,
 
 I know you're not lawyers, but I though you could help me with a GPL
 issue.
 
 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. 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).
 
 So as long as I make sure I own all copyrights, will this work
 legally?
 
 Two main questions:
 
 (1) Is GPL giving me the enough protection?
 (2) Will GPL allow a company which hasn't bought a non-GPL license
 enough freedom to evaluate the library?
 
 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.
 
 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.
 
 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?

-- 
PHP - the language of the Vogons.
My own blog is at http://www.zak.co.il/tddpirate/

My opinions, as expressed in this E-mail message, are mine alone.
They do not represent the official policy of any organization with which
I may be affiliated in any way.
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Re: GPL as an evaluation license

2011-04-09 Thread Shachar Shemesh

On 09/04/11 15:50, Aviad Mandel wrote:

Hi list,

I know you're not lawyers, but I though you could help me with a GPL 
issue.

Indeed. IANAL. TINLA.


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. 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).


So as long as I make sure I own all copyrights, will this work legally?

Two main questions:

(1) Is GPL giving me the enough protection?

Probably not.
(2) Will GPL allow a company which hasn't bought a non-GPL license 
enough freedom to evaluate the library?


Probably. If you read the FSF's FAQ, you will see they do not consider 
making copies and using the same code inside one company as 
distribution, and therefor the GPL does not apply there, according to 
them. You can certainly adopt that view (and make it explicit) for code 
for which you are the copyright owner.


The GPL, however, is limited in scope by the fact it is a copyright 
license. Where a copyright license is not needed, the GPL has no effect. 
This is a matter of increasing focus as GPL software becomes more and 
more prevalent, and thus is something you might want to take heart of. 
It is questionable whether merely dynamically linking to a GPL library 
is enough to force your software to be GPL or illegal. As such, I would 
not choose this license for that purpose.


Shachar

--
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Lingnu Open Source Consulting Ltd.
http://www.lingnu.com


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Re: GPL as an evaluation license

2011-04-09 Thread Aviad Mandel
Sorry, I should have elaborated a bit more...

On Sat, Apr 9, 2011 at 4:20 PM, Shachar Shemesh shac...@shemesh.biz wrote:

 It is questionable whether merely dynamically linking to a GPL library is
 enough to force your software to be GPL or illegal. As such, I would not
 choose this license for that purpose.


I'm in the context of embedded software with no real underlying OS. That is,
no dynamic linking is even possible.
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Re: GPL as an evaluation license

2011-04-09 Thread Oleg Goldshmidt
2011/4/9 Aviad Mandel aviad.man...@gmail.com

 Hi list,

 I know you're not lawyers, but I though you could help me with a GPL issue.


IANAL, but I'll try.



 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.


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.

I am not trying to discourage you from using GPL, far from it. But your
goals are not clear.


 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).

 So as long as I make sure I own all copyrights, will this work legally?

 Two main questions:

 (1) Is GPL giving me the enough protection?


From what? What is your risk here?

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.

Bottom line, you have not given enough information about your customers'
business (or about your business) to give you a yes/no answer.

(2) Will GPL allow a company which hasn't bought a non-GPL license enough
 freedom to evaluate the library?


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.



 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.


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.


 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.

 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?


This does make it complicated, and more than slightly complicated. The key
here is the notion of distribution.

Case 1: Mr. Y is an employee of Company XYZ. No problem - giving a copy to
Mr. Y is not distribution.

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.

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.)

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.

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.


-- 
Oleg Goldshmidt | p...@goldshmidt.org
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Re: GPL as an evaluation license

2011-04-09 Thread Aviad Mandel
More clarification is due indeed...

On Sat, Apr 9, 2011 at 4:34 PM, Oleg Goldshmidt p...@goldshmidt.org wrote:


 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.


 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.


It's true that I could try to write an evaluation contract, but the whole
idea here is to tempt the engineers to download my library and to try it
out. If they steal code snippets, even better. Signing a long contract (even
click I agree) may be a chilling factor. This is free software, released
under the GNU Public License sounds by far less threatening to the common
programmer.

It's all in the embedded software field. Actually using the software equals
to distribute it in the company's products. As long as they run it in the
lab, it's still evaluation.

And we all like to have the source. This is an extra plus over typical
proprietary software vendors. And I need all advantages I can get.
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Re: GPL as an evaluation license

2011-04-09 Thread Nadav Har'El
On Sat, Apr 09, 2011, Aviad Mandel wrote about Re: GPL as an evaluation 
license:
 It's true that I could try to write an evaluation contract, but the whole
 idea here is to tempt the engineers to download my library and to try it
 out.

Why would they be tempted less if the code was available on your site, but
not GPL but rather some home-brewed you can only try this for personal
use terms?

You're right that as an engineer, I would be much more likely to try some
library if it's code was available *now*, and only *later* worry about how
my company would buy a license - but I don't know why I would think that
GPL is better in that sense than any other random license.

In fact, in some cases you might achieve the opposite of what you intended.
In some companies, using a GPL library is considered a faux-pas, as if it is
some sort of contagious illness. Instead of attracting engineers with the GPL,
you might end up scaring (some of) them...

 If they steal code snippets, even better.

Why is it better? Do you really think you can track these cases of
stealing and sue them? I don't think you can base a real business on
this marketing technique ;-)

 Signing a long contract (even
 click I agree) may be a chilling factor.

I agree, but just like with the GPL, also with a custom license they don't
need to sign anything. As long as the terms are clearly specified on the
site (before the download) and in the downloaded software.

You're right that if you start asking people to sign forms - even web forms -
you'll immediately turn away 90% of the curious engineers. We've all been
there, and turned away as soon as we saw these forms - that we didn't want
to, or weren't allowed to, sign.

 It's all in the embedded software field. Actually using the software equals
 to distribute it in the company's products. As long as they run it in the
 lab, it's still evaluation.

I don't know what your library is about, but have you considered other uses
your library might have? E.g., what if Google, Facebook, or some other company
which builds a million machines for its own use, decides that it is useful
and uses it? The GPL allows it to. Would you mind that? If you would, then
maybe the GPL isn't for you.

 And we all like to have the source. This is an extra plus over typical
 proprietary software vendors. And I need all advantages I can get.

Indeed, the source is important. But source availability != GPL.


-- 
Nadav Har'El|  Saturday, Apr  9 2011, 6 Nisan 5771
n...@math.technion.ac.il |-
Phone +972-523-790466, ICQ 13349191 |A good programmer is someone who looks
http://nadav.harel.org.il   |both ways before crossing a one-way street.

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Re: some help in technical solution

2011-04-09 Thread Udi Finkelstein
Here is another very cheap solution:

http://www.pjrc.com/teensy/

The small board has 25 digital I/Os and 7 analog for $16, and the larger one
has 46 digital I/Os and 12 analog.
If your competitors are close enough you can use one board for multiple
inputs. Since you need to hook key presses which is measures by tens of
milli-seconds in the best case, I believe long wires would pose no problems
(propagation delay and bandwidth are not a problem).

They even have ready made examples of emulating a mouse, a keyboard, a
generic HID device, etc.

Shipping costs would be $10-$16 on airmail, depending on package weight ($16
is for 2 pounds, about 0.9Kg, enough for at least 3 boards).

An example using it:

http://blog.makezine.com/archive/2011/04/the-awesome-button.html

Udi

On Wed, Apr 6, 2011 at 5:08 PM, Udi Finkelstein linux...@udif.com wrote:

 I think any analog DAQ based solution  will be expensive. Use too many
 analog levels, and it will not be accurate. Use a small number of levels,
 and the price per port for analog connection will drive the price too high.

 You can try using computer mice.
 cheap 2 button+scroll wheel starts at 17NIS on zap.
 Such a mouse can provide at least 5 events:

 right button
 left button
 middle button (scroll wheel press)
 scroll up
 scroll down

 You can then take apart the mouse and repackage it, maybe replacing the
 wheel with 3 distinct switches.

 Ofcourse you might need powered hubs if you intend to drive 30 mice.
 You could try taking eight 4 port unpowered hubs (also starts at 17 NIS on
 zap), and if you computer has 8 free USB ports (many do these days), you
 could fit 30 mice, and hope that each port can drive 4 mice + hub. You will
 also have  2 spare ports (8*4-30)for the console keyboard/mouse.

 Another direction would be to use an arduino board.

 http://www.seeedstudio.com/depot/microcontrollers-arduino-compatible-c-132_133.html
 The cheapest $19 board has 14 digital inputs plus 6 analog ones which you
 can treat as digital if you like.
 20 input pins can serve 5 users (4 input pins/user) or 6 users (3 input
 pins per user if you wire them smartly - 1 qualifier signal that is grounded
 by all 4 switches, and 2 more that  are getting a 2-bit binary code.

 seeedstudio has free worldwide shipping for orders above $50.

 Udi


 2011/4/6 yosi yarchi yosi.yar...@gmail.com

  Hi

 This is interesting idea. However, it support voting between 2 options,
 only, while I need at least 4 options.
 I thought that combination of analog DAQ and 4 push buttons with analog
 output may help here.
 Does someone have an idea about such combination (analog DAQ+edge unit)?

 With best regards
 Yosi Yarchi





 On 04/06/2011 10:55 AM, Jason Friedman wrote:

 I think the best solution would be to use a data acquisition device,
 either USB or PCI.

  Measurement computing sell relatively cheap devices, e.g. this USB one
 for $99:
 http://www.mccdaq.com/usb-data-acquisition/USB-1024-Series.aspx

  can measure 24 digital channels (you could get two if you need 30).

  Each competitor could have a small switch, which connects their input
 line to say a 5V power supply.

  You can then write a very simple program to detect when each competitor
 presses their switch
 (with sub-millisecond accuracy!).

  These devices apparently have linux support.

  Jason

 On Wed, Apr 6, 2011 at 2:44 PM, yosi yarchi yosi.yar...@gmail.comwrote:

 Hi all


 I need application that will be able to collect and process inputs from
 30 (!) competitors, and will display the results very fast. The ideal
 solution could be to collect the inputs via SMS: each competitor send his
 answer, the application collect the answers (related to phone number) and
 process them. However, I can't assume that the competitors have mobile
 phones (they may be little childs...).


 I thought to use 30 USB numerical keyboards as input devices, connected
 with cables to 3 hubs, connected to the computer.

 However, I don't have experience with USB drivers at linux...


 Is it feasible? What should be the main guidelines for the solution?


 With best regards

 Yosi Yarchi



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 Macquarie Centre for Cognitive Science
 Macquarie University, NSW 2109 Australia
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Re: Tim O'Reilly in Tel Aviv?

2011-04-09 Thread Michael Shiloh

Probably there for Kinnernet, which was last weekend

On 04/08/2011 01:00 AM, Gabor Szabo wrote:

http://twitter.com/#!/timoreilly/status/56248124934586368

Gabor

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