Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-13 Thread Frank Gore
On Mon, Feb 13, 2012 at 9:21 AM, Daniel Smith  wrote:
> Have there been lawsuits or fines regarding open source
> cases though? It's funny, for all the times I've heard of for
> example Microsoft or Adobe or whoever being involved in these
> "evaluations" of businesses where they check for licenses etc,
> and massive levies afterward, (whether the stories were real
> or created) I've never heard of any open source lawsuits or snares.
> Just wondering what you meant by "testing your luck."

Yes, the GPL has been tested in many courts. There are a few examples
on the GPL Wikipedia page. Many of the decisions were handed down as
judgments, not just as settlements between parties.

--
Frank Gore
THE place to talk photography!
www.FriendlyPhotoZone.com
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-13 Thread Alexandre Prokoudine
On Mon, Feb 13, 2012 at 6:21 PM, Daniel Smith wrote:
> Have there been lawsuits or fines regarding open source
> cases though?

By who against whom regarding what in what country ?

Alexandre Prokoudine
http://libregraphicsworld.org
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-13 Thread Daniel Smith
Have there been lawsuits or fines regarding open source
cases though? It's funny, for all the times I've heard of for
example Microsoft or Adobe or whoever being involved in these
"evaluations" of businesses where they check for licenses etc,
and massive levies afterward, (whether the stories were real
or created) I've never heard of any open source lawsuits or snares.
Just wondering what you meant by "testing your luck."
Dan
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Simon Budig
Frank Gore (g...@friendlyphotozone.com) wrote:
> Wrong. Nowhere does it say that YOU must personally make the source
> code available, only that it must be available. In this case, the
> source code already happens to be readily available all over the web.

You probably should read the license then. In the case of the Gimp this
is GPL v3 and in section 6 you'd find:

  You may convey a covered work in object code form under the terms
  of sections 4 and 5, provided that you also convey the
  machine-readable Corresponding Source under the terms of this License,
  in one of these ways:
[...]
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge.  You need not require recipients to copy the
Corresponding Source along with the object code.  If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source.  Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.

So it is *your* personal obligation to ensure that you have an answer to
specific request by your customer. You cannot just rely that someone on
the net might have it available. Either you do a contract with a third
party or you provide the source yourself. Testing your luck is not a
good strategy.

Bye,
Simon

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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Frank Gore
2012/2/12 Jernej Simončič :
> FSF's GPL FAQ covers this specific case and says you normally can't do
> that:
> http://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#SourceAndBinaryOnDifferentSites
> http://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#UnchangedJustBinary

Hey you're right!

Not terribly onerous, though. So you can sell Gimp all you want for as
much as you want, as long as the source code is available for free or
a nominal fee (ie. postage cost and no profit).

Now, let's avoid the debate over trademarks...

--
Frank Gore
THE place to talk photography!
www.FriendlyPhotoZone.com
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Jernej Simončič
On Sun, 12 Feb 2012 12:40:33 -0500, Frank Gore wrote:

> Wrong. Nowhere does it say that YOU must personally make the source
> code available, only that it must be available. In this case, the
> source code already happens to be readily available all over the web.
> Only if you modify it and then distribute a binary based on the
> modified code must you provide the modified source code.
> 
> "Hello,
> Thank you for your request. The source code you asked about can be
> downloaded from http://www.gimp.org";

FSF's GPL FAQ covers this specific case and says you normally can't do
that:
http://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#SourceAndBinaryOnDifferentSites
http://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#UnchangedJustBinary


-- 
< Jernej Simončič ><><><><>< http://eternallybored.org/ >

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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Jernej Simončič
On Sun, 12 Feb 2012 08:10:33 -0500, Frank Gore wrote:

> Yes, you are wrong. You can charge money for distributing Gimp. As
> long as either:

> a) you haven't modified it
> or
> b) if you have modified it, you can provide all the source code
> (including modifications) for free or a reasonable cost (ie. at no
> profit)

This is wrong actually - even if you haven't modified a GPL-licensed
program, you have to provide the source code of the specific binary you
redistributed on request (you can charge a nominal fee for the source
code). This is something you have to be careful of if you redistribute the
binary on the web - offer both the source code and binary from the same
site, it's specifically not enough to just point to some 3rd party site
that has the source code, unless you've made arrangements with that site
that it'll keep providing the source code for your binary.

-- 
< Jernej Simončič ><><><><>< http://eternallybored.org/ >

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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Jernej Simončič
On Sun, 12 Feb 2012 08:09:21 +0100, Kekko wrote:

> Do you mean it is possible to sell GIMP itself? Can I put an item "GIMP sw" 
> in an invoice?
> I' don't think it is possible or am I wrong?

You can, as long as you stay within the requirements of the GPL.

-- 
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Frank Gore
On Sun, Feb 12, 2012 at 9:02 AM, Simon Budig  wrote:
> Your distinction between these two cases is not exactly true. Even when
> you distribute an unmodified Gimp you're required to provide the
> sourcecode to your customer on request. The easiest way of course is to
> provide the sourcecode archive on the same medium you use to distribute
> the Gimp binary, even without the customers request.

Wrong. Nowhere does it say that YOU must personally make the source
code available, only that it must be available. In this case, the
source code already happens to be readily available all over the web.
Only if you modify it and then distribute a binary based on the
modified code must you provide the modified source code.

"Hello,
Thank you for your request. The source code you asked about can be
downloaded from http://www.gimp.org";

--
Frank Gore
THE place to talk photography!
www.FriendlyPhotoZone.com
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Daniel Smith
thanks all.
dan
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Simon Budig
Daniel Smith (opened...@gmail.com) wrote:
> But actually I was wondering more specifically about the packaging of
> fonts with a distribution of Gimp. Were you to supply a set of fonts
> with, is there a collection or place to choose from that are all free,
> or you buy them, or you let it up to the user to get their own, etc?

The Gimp project does not provide any fonts. You'd have to ask your
source for the fonts for the terms and conditions attached to the fonts.

A good source for you might be http://openfontlibrary.org/ , which has
its roots in the free software community.

I hope this helps,
Simon
-- 
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Daniel Smith
On 2/11/12, Alexandre Prokoudine  wrote:
> On Sun, Feb 12, 2012 at 4:03 AM, Dan . >

> What fonts?
>
Well, about fonts, I was remembering when I used to work in graphics
and we had to be really vigilant about font licenses. I was thinking
of this recent post on gimplist, which seems to cover the personal or
small commercial use:

http://mail.gnome.org/archives/gimp-user-list/2011-December/msg00207.html

But actually I was wondering more specifically about the packaging of
fonts with a distribution of Gimp. Were you to supply a set of fonts
with, is there a collection or place to choose from that are all free,
or you buy them, or you let it up to the user to get their own, etc?

That's all.
Thanks
Dan
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Simon Budig
Frank Gore (g...@friendlyphotozone.com) wrote:
> Yes, you are wrong. You can charge money for distributing Gimp. As
> long as either:
> 
> a) you haven't modified it
> or
> b) if you have modified it, you can provide all the source code
> (including modifications) for free or a reasonable cost (ie. at no
> profit)

Your distinction between these two cases is not exactly true. Even when
you distribute an unmodified Gimp you're required to provide the
sourcecode to your customer on request. The easiest way of course is to
provide the sourcecode archive on the same medium you use to distribute
the Gimp binary, even without the customers request.

The fact that the typical free software project has a prominent presence
on the net does not release you from the obligation to provide the
source code to your customers (think about a project dropping from the
net, this would leave your customers out in the dark...).

Just a minor nitpick   :)

Bye,
 Simon

-- 
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-12 Thread Frank Gore
On Sun, Feb 12, 2012 at 2:09 AM, Kekko  wrote:
> Do you mean it is possible to sell GIMP itself? Can I put an item "GIMP sw" 
> in an invoice?
> I' don't think it is possible or am I wrong?

Yes, you are wrong. You can charge money for distributing Gimp. As
long as either:

a) you haven't modified it
or
b) if you have modified it, you can provide all the source code
(including modifications) for free or a reasonable cost (ie. at no
profit)

Anyone can distribute GPL'd software for a fee. It's just not a very
successful business model most of the time.

--
Frank Gore
THE place to talk photography!
www.FriendlyPhotoZone.com
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[Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Kekko
>To the GIMP User List,

>I understand that I can sell GIMP for a fee if I want

Do you mean it is possible to sell GIMP itself? Can I put an item "GIMP sw" in 
an invoice?
I' don't think it is possible or am I wrong?
Thanks
Francesco


-- 
Kekko (via gimpusers.com)
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Alexandre Prokoudine
On Sun, Feb 12, 2012 at 4:03 AM, Dan .  wrote:
> Thank you Alexandre--I appreciate it. Do you know if there is documentation
> somewhere in case an employer / client / business partner asks me to provide
> verification that I can use GIMP for business/commercial purposes?

Print the file called LICENSE.

> But what about fonts?

What fonts?

Alexandre Prokoudine
http://libregraphicsworld.org
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Daniel Smith
But what about fonts?
I assume that all fonts would have to be registered,
or how do you work that?
Just wondering.
Dan
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Burnie West

On 02/11/2012 01:00 AM, Alexandre Prokoudine wrote:

On Sat, Feb 11, 2012 at 12:55 PM, Dan . wrote:

To the GIMP User List,

I understand that I can sell GIMP for a fee if I want, but I am not clear
whether or not I am allowed to use GIMP for commercial / business purposes.

You are.
Yes, the license clearly allows that. And furthermore, should you find your 
business model successful, and you discover from your customer base that a 
particular feature not in GIMP would increase its prospects, you are perfectly 
at liberty to hire a coder to develop that feature.


However, if he or she wants/needs to modify GIMP to add/enable that feature, the 
license allows that as well, provided those modifications are turned over to the 
GIMP community for possible release to the rest of the GIMP world. Assistance in 
terms of code improvement is the "coin of the realm" in the FOSS movement, as I 
understand it.


Of course, not all modifications would "make the grade", but as long as the code 
modifications were made available to the community (and consequently to the wold 
at large) the license requirement would seem to be satisfied. And the GIMP 
community would love to have additional assistance.


 -- Burnie
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Dan .
Thank you Alexandre--I appreciate it. Do you know if there is documentation
somewhere in case an employer / client / business partner asks me to
provide verification that I can use GIMP for business/commercial purposes?
Thank you in advance for your help.

- D

On Sat, Feb 11, 2012 at 1:00 AM, Alexandre Prokoudine <
alexandre.prokoud...@gmail.com> wrote:

> On Sat, Feb 11, 2012 at 12:55 PM, Dan . wrote:
> > To the GIMP User List,
> >
> > I understand that I can sell GIMP for a fee if I want, but I am not clear
> > whether or not I am allowed to use GIMP for commercial / business
> purposes.
>
> You are.
>
> Alexandre Prokoudine
> http://libregraphicsworld.org
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Re: [Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Alexandre Prokoudine
On Sat, Feb 11, 2012 at 12:55 PM, Dan . wrote:
> To the GIMP User List,
>
> I understand that I can sell GIMP for a fee if I want, but I am not clear
> whether or not I am allowed to use GIMP for commercial / business purposes.

You are.

Alexandre Prokoudine
http://libregraphicsworld.org
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[Gimp-user] Use GIMP for commercial / business purposes?

2012-02-11 Thread Dan .
To the GIMP User List,

I understand that I can sell GIMP for a fee if I want, but I am not clear
whether or not I am allowed to use GIMP for commercial / business purposes.
For instance, I want to use GIMP for a job to earn money. Can I use GIMP to
edit photos / graphics as part of a job to earn money? I know that if I
want to use Photoshop to earn money (for commercial purposes), I need to
purchase a license. Can I use GIMP commercially to earn money? I do not
mean earning money in selling the GIMP source code, etc.--I mean using GIMP
as a tool for a job to make money. Thank you in advance for your help.

- D
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