Licensing Issues for LC developers [was: Re: Reading PDF - a cry for help]

2011-10-03 Thread Graham Samuel
Bernard Devlin wrote (see his whole message at the end of this email):

 You're either extremely knowledgeable about the GPL, or I think you
 have misunderstood the GPL.

The first is certainly not true, so the second is more than likely. I got my 
(hopefully wrong!) information from the site of Artifex, who maintain and sell 
the commercial version of Ghostscript and its derivatives. They say:

 If your application (including its source code) is not licensed to the public 
 under the GNU GPL, you are not authorized to ship GPL Ghostscript or GPL 
 MuPDF with your application under the terms of the GNU GPL if any one of the 
 following is true:
 
 your application contains a copy of some or all of GPL Ghostscript or MuPDF;
 your application is derived from, is based on, or constitutes a revision of 
 some or all of GPL Ghostscript or MuPDF;
 your application includes one or more functions that use some or all of GPL 
 Ghostscript or MuPDF.
 These criteria apply to your application as a whole. Even if only one section 
 of your application satisfies one of these criteria, you are not authorized 
 to ship GPL Ghostscript or GPL MuPDF with your application unless your 
 application, including all of its source code, is licensed to the public 
 under the GNU GPL.
 
 If your application (including its source code) is NOT licensed to the public 
 under the GNU GPL and you intend to distribute Ghostscript or MuPDF to a 
 third party for use with and usable by your application, you MUST first 
 obtain a commercial license from Artifex.
 
I perhaps naively believed all this without further research. I have now read 
the GPL - it is quite tough to follow, but I tried to test it on what I 
actually want to do, which is to distribute Ghostscript or an existing 
derivative of it unaltered along with my own application (written in LiveCode, 
a proprietary software system) and for sale as a product under 'normal' 
commercial terms.

In the Preamble, the GPL states:

   For example, if you distribute copies of such a program, whether
 gratis or for a fee, you must pass on to the recipients the same
 freedoms that you received.  You must make sure that they, too, receive
 or can get the source code.  And you must show them these terms so they
 know their rights.
The applicable part of the GPL referring to compiled and complete versions of 
programs (such as GhostScript in binary form, which is what I intend to use) is 
Section 6. It does allow use of the compiled code, provided that the user is 
offered access to the source code (this is 6b). So Bernard, I think you are 
right and that Artifex is wrong - which means the use of 'free' software (using 
the term as GNU uses it) is OK.

Thanks Bernard for that very interesting insight.

Graham

PS I will return to the technical argument (which seems to be getting rather 
tetchy) about the use of IM, GhostScript etc. soon. I thought it better to keep 
the licensing discussion separate.

On Sat, 1 Oct 2011 15:40:57 +0100, Bernard Devlin bdrun...@gmail.com wrote:

 You're either extremely knowledgeable about the GPL, or I think you
 have misunderstood the GPL.
 
 The GPL v2 does not mean you cannot charge for re-distribution of GPL
 code (there are companies who charge for the re-distribution of linux
 on dvds). If your code is bound to GPL libraries and you distribute
 that combined artifact then you might have issues.  If your code calls
 out to compiled programs (using shell() then there is no issue).  A
 very strict interpretation is that if your code is bound to libraries,
 then you are bound to provide your souce should someone demand it, or
 cease using the libraries in that case. There are those who dispute
 that even binding to libraries does not fall within the GPL v2.
 
 GPL v3 was brought in to stop so many companies exploiting GPL on
 the server-side (i.e. where there is no re-distribution of code).
 Unless the code you want to use to provide such a web service is
 licensed under GPL v3, I cannot see what the issue would be.  I know
 of very few projects using GPL v3.
 
 And not all open source licenses have the same copyleft implications
 as the GPL.  If you are distributing RunRev's ssl library with your
 apps, you are re-distributing open source code (only this time it is
 the Apache license + SSL license).  It is always possible that
 companies negotiate a separate non-GPL license for GPL code they wish
 to incorporate and re-distribute.
 
 Anyway, I hope the first suggestion works for you so that you do not
 even need to consider these issues.
 
 Bernard
 
 On Sat, Oct 1, 2011 at 1:22 PM, Graham Samuel livf...@mac.com wrote:
 since mine is a commercial product, there would presumably be
 licensing issues for a non-GNU developer.

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Re: Licensing Issues for LC developers [was: Re: Reading PDF - a cry for help]

2011-10-03 Thread Kee Nethery
FYI:

The work around that I have seen used is to keep your code and the GPL code 
completely separate. In fact, when someone downloads and installs your code, 
the very first thing your code would do is ask people to approve the install of 
the GPL code. Then if they say yes, download the binary and install it on their 
computer. If they say no, let them know your software cannot function without 
the GPL code and then offer them the option of getting a refund or having your 
code download the GPL binary.. 

Thus, you ship just your code. They purchase just your code. Your code installs 
the free GPL code if the user asks for it to be installed. In your manual or 
help screens you provide links to the source of the GPL code.

That process seems to be used by others. Of course, I am not a lawyer and I 
don't even play one on TV so you should assume everything I have just written 
is incorrect.

Kee Nethery


On Oct 3, 2011, at 4:03 AM, Graham Samuel wrote:

 The applicable part of the GPL referring to compiled and complete versions of 
 programs (such as GhostScript in binary form, which is what I intend to use) 
 is Section 6. It does allow use of the compiled code, provided that the user 
 is offered access to the source code (this is 6b). So Bernard, I think you 
 are right and that Artifex is wrong - which means the use of 'free' software 
 (using the term as GNU uses it) is OK.

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Re: Licensing Issues for LC developers [was: Re: Reading PDF - a cry for help]

2011-10-03 Thread Bernard Devlin
My pleasure.  I'm sure that there are plenty of discussions on the
internet that will help you further understand what is possible and
where the limitations are.  It seems a shame to throw away a possible
solution to a problem on a misunderstanding of the possibilities.  My
thoughts on the matter were based on my recollection of discussions
with Richard years ago.  I don't actually distribute any GPL software
with my applications, so the possibilities and limitations are mostly
of academic interest to me.  Like Kee, I'm not a lawyer.

I hope the suggestions on the other thread provide you with technical
feasibilities.

Let us know if your research uncovers issues that we laymen have
missed.  When I've tried to discuss the GPL with lawyer friends, they
are very reluctant to give me a firm opinion of what is involved (it
makes me wonder if they are really worth the social liability entailed
in having them as friends).

Bernard

On Mon, Oct 3, 2011 at 12:03 PM, Graham Samuel livf...@mac.com wrote:
 Thanks Bernard for that very interesting insight.

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