Re: [PHP] Re: selling gpl software?

2008-03-23 Thread Larry Garfield
On Saturday 22 March 2008, Nilesh Govindrajan wrote:

 Larry, read the GPL license. It has can be used, distributed, modified
 under GPL only.

And where have I said otherwise?  

-- 
Larry Garfield  AIM: LOLG42
[EMAIL PROTECTED]   ICQ: 6817012

If nature has made any one thing less susceptible than all others of 
exclusive property, it is the action of the thinking power called an idea, 
which an individual may exclusively possess as long as he keeps it to 
himself; but the moment it is divulged, it forces itself into the possession 
of every one, and the receiver cannot dispossess himself of it.  -- Thomas 
Jefferson

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Re: [PHP] Re: selling gpl software?

2008-03-20 Thread Larry Garfield
On Thursday 20 March 2008, Colin Guthrie wrote:
 Larry Garfield wrote:
  On Wednesday 19 March 2008, Colin Guthrie wrote:
  Also as it's GPL and as you are supplying the modifications you make
  to your client, you are obliged to release the changes you make to the
  community. If this was a 100% internal development (e.g. you are
  employed directly by your client, not as a contractor), then you are not
  obliged to release the changes.
 
  Not true.  If you take an open source project, modify it, and give a copy
  to your client, you are under no obligation to give anyone else in the
  world a copy of your modified code.  What you ARE required to do is give
  that modified to code to your client under the GPL so that he can, if he
  wants to, share it with the world, and anyone he gives a copy to can also
  share it with the world if they want to, etc.

 Is that true? I would have thought that by developing under contract and
 then subsequently supplying your modifications to your client, this
 constitutes distribution of the code. It is this distribution of the
 code that I've always considered the trigger for having to share it
 back to the community - e.g. if your changes are internal to your
 company you don't need to share it. Earlier I wrote that whether he was
 employed directly or as a contractor would have bearing and this
 statement was based on the above understanding. Am I wrong?

 Col

If the code is work for hire and the initial ownership is with the 
client/company, then there is no distribution and so you are not required to 
do anything.  That includes if you are a full time employee of the company.

If the code you write is owned by you and given to a client, that is 
distribution.  You can either give the client a copy of the source at the 
same time, in which case you needn't share it with anyone else, or say you 
can get it from this FTP if you want, in which case anyone may access it 
because when the client distributes the runnable version of the code to 
someone else, they will also say and you can get it from this FTP if you 
want.  

As PHP is its own source code, the latter is generally not an issue since the 
source code is provided automatically.  

So in the OP's case, if he takes an existing GPLed project, modifies it in 
whatever way (including removing mention of the original project), and gives 
a copy to his client, his only legal obligation is to provide the client with 
the code under the GPL so that the client can, if he wants, pass the code on 
to someone else under the GPL.  Someone else could be a public FTP server 
or not.

-- 
Larry Garfield  AIM: LOLG42
[EMAIL PROTECTED]   ICQ: 6817012

If nature has made any one thing less susceptible than all others of 
exclusive property, it is the action of the thinking power called an idea, 
which an individual may exclusively possess as long as he keeps it to 
himself; but the moment it is divulged, it forces itself into the possession 
of every one, and the receiver cannot dispossess himself of it.  -- Thomas 
Jefferson

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Re: [PHP] Re: selling gpl software?

2008-03-19 Thread Daniel Brown
On Wed, Mar 19, 2008 at 12:55 PM, Colin Guthrie [EMAIL PROTECTED] wrote:

  IANAL so apologies if I've gotten anything wrong here.

Yes, we know you're anal.  ;-P

In all seriousness, looks like you got it all right.  +1 for you
(and a gold star)!

-- 
/Daniel P. Brown
Forensic Services, Senior Unix Engineer
1+ (570-) 362-0283

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Re: [PHP] Re: selling gpl software?

2008-03-19 Thread jeffry s
On Thu, Mar 20, 2008 at 1:02 AM, Daniel Brown [EMAIL PROTECTED] wrote:

 On Wed, Mar 19, 2008 at 12:55 PM, Colin Guthrie [EMAIL PROTECTED]
 wrote:
 
   IANAL so apologies if I've gotten anything wrong here.

 Yes, we know you're anal.  ;-P

In all seriousness, looks like you got it all right.  +1 for you
 (and a gold star)!

 --
 /Daniel P. Brown
 Forensic Services, Senior Unix Engineer
 1+ (570-) 362-0283

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well, i am quite surprised with you all feedback.
then it is ok to remove all the link as part of modification then as long
as the source code available to the client (it is php script anyway)

forgive me for my stupidness. i am quite confuse with law thing
and gpl, gplv2 and gplv3 or gnu proven hard for me to understand.
anyone can point me a comparison between all this?

a simple explanation easy for baby to digest.. :)


Re: [PHP] Re: selling gpl software?

2008-03-19 Thread Daniel Brown
On Wed, Mar 19, 2008 at 1:13 PM, jeffry s [EMAIL PROTECTED] wrote:

 forgive me for my stupidness. i am quite confuse with law thing
 and gpl, gplv2 and gplv3 or gnu proven hard for me to understand.
 anyone can point me a comparison between all this?

GPL is the (GNU) General Public License.

GPLv2/GPLv3 are the second/third versions, containing
modifications, ratifications, and clarifications.  There may be some
other ifications in there that I'm forgetting as well.

GNU is a recursive acronym (as PHP now is for PHP Hypertext
Preprocessor).  It stands for GNU's Not Unix, and is an operating
system.  It's often confused with the organization from which it
receives primary focus (and shares the founder: Richard Stallman),
known as the FSF - the Free Software Foundation.

 a simple explanation easy for baby to digest.. :)

Now go get burped and have Mommy change your diaper.  ;-P

-- 
/Daniel P. Brown
Forensic Services, Senior Unix Engineer
1+ (570-) 362-0283

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Re: [PHP] Re: selling gpl software?

2008-03-19 Thread jeffry s
On Thu, Mar 20, 2008 at 1:19 AM, Daniel Brown [EMAIL PROTECTED] wrote:

 On Wed, Mar 19, 2008 at 1:13 PM, jeffry s [EMAIL PROTECTED] wrote:
 
  forgive me for my stupidness. i am quite confuse with law thing
  and gpl, gplv2 and gplv3 or gnu proven hard for me to understand.
  anyone can point me a comparison between all this?

 GPL is the (GNU) General Public License.

GPLv2/GPLv3 are the second/third versions, containing
 modifications, ratifications, and clarifications.  There may be some
 other ifications in there that I'm forgetting as well.

GNU is a recursive acronym (as PHP now is for PHP Hypertext
 Preprocessor).  It stands for GNU's Not Unix, and is an operating
 system.  It's often confused with the organization from which it
 receives primary focus (and shares the founder: Richard Stallman),
 known as the FSF - the Free Software Foundation.

  a simple explanation easy for baby to digest.. :)

 Now go get burped and have Mommy change your diaper.  ;-P

 --
 /Daniel P. Brown
 Forensic Services, Senior Unix Engineer
 1+ (570-) 362-0283


what is the difference between gpl, gplv2 and gplv3 ?

actually.. baby is a name of a monkey. sure it doesnt need a diaper... :p


Re: [PHP] Re: selling gpl software?

2008-03-19 Thread Larry Garfield
On Wednesday 19 March 2008, Colin Guthrie wrote:

 Also as it's GPL and as you are supplying the modifications you make
 to your client, you are obliged to release the changes you make to the
 community. If this was a 100% internal development (e.g. you are
 employed directly by your client, not as a contractor), then you are not
 obliged to release the changes.

Not true.  If you take an open source project, modify it, and give a copy to 
your client, you are under no obligation to give anyone else in the world a 
copy of your modified code.  What you ARE required to do is give that 
modified to code to your client under the GPL so that he can, if he wants to, 
share it with the world, and anyone he gives a copy to can also share it with 
the world if they want to, etc.

Removing any user-facing references to the original project is completely 
legal.  Whether or not it is polite or acting with the spirit of the 
community, etc. is a question of community ethics, not law, and something 
you'll have to decide for yourself.  

-- 
Larry Garfield  AIM: LOLG42
[EMAIL PROTECTED]   ICQ: 6817012

If nature has made any one thing less susceptible than all others of 
exclusive property, it is the action of the thinking power called an idea, 
which an individual may exclusively possess as long as he keeps it to 
himself; but the moment it is divulged, it forces itself into the possession 
of every one, and the receiver cannot dispossess himself of it.  -- Thomas 
Jefferson

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Re: [PHP] Re: selling gpl software?

2008-03-19 Thread Larry Garfield
On Wednesday 19 March 2008, jeffry s wrote:

 what is the difference between gpl, gplv2 and gplv3 ?

http://www.fsf.org/licensing/licenses/quick-guide-gplv3.html

-- 
Larry Garfield  AIM: LOLG42
[EMAIL PROTECTED]   ICQ: 6817012

If nature has made any one thing less susceptible than all others of 
exclusive property, it is the action of the thinking power called an idea, 
which an individual may exclusively possess as long as he keeps it to 
himself; but the moment it is divulged, it forces itself into the possession 
of every one, and the receiver cannot dispossess himself of it.  -- Thomas 
Jefferson

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