[pmmail-list] Linux

[John Drabik]

On Fri, 02 Mar 2001 17:36:49, Brian Morrison wrote:

>>You would not be able to charge for the code enhancements, if it is
>>derived from or attached to GPL code.
>No, that's not correct. The GPL has always allowed that a charge be
>made, the only requirement is that source must be provided with the
>software.

Yes you are correct, and I didn't word that very well, but it
actually wasn't the point I was trying to make.  But as I read it,
the charge cannot used as a barrier to entry, so you'd have to be
offering some service (as I stated) or other valuable consideration,
in addition to the code.  Besides, and maybe I'm alone on this, it
seems highly unethical to me to take somebody else's code (for free),
and redistribute it, without additional value added, for a price. 
I'll make the minor exceptions of, for example, cutting and mailing a
CD, of course - because those are valuable additions, especially for
large packages.  You might argue that the "new" code is the added
value: as I'll show below, there is a problem with that.

> The 'free' refers to speech, not to beer. Agreed that not
>many companies do this, but it could be viable if the quality of the
>code is good.

A better definition is "free of restrictions", not "free of charge". 
My point (badly worded) was that they couldn't use the sale itself as
a restriction.

The assumption in the original e-mail (that I was responding to) was
that someone could take the e-mail client code (for free), and make a
very minor mod, and sell the results, and at the same time somehow
block the source or prevent others from selling or distributing the
results.  Again, you might be correct (I doubt it) that that can be
done, but is it ethical?

>Once released in this way, the client can then be further modified by
>others.

Do those "others" have to pay?  The question then centers on
something like this: If I buy the product, I must be given the source
(especially if I request it).  If I give the source to someone else,
am I breaking the GPL?  It seems to me that the answer is "No".  If
they distribute it (because I did not restrict them from doing so, by
adding value myself), are they breaking the GPL?  Ah, you might say:
I'll have you sign a contract to prohibit that.  To which I then
respond: first, does your contract supercede the GPL?  Again, I doubt
it.  And, what is the value-add that makes it worthwhile to enter the
contract, because the GPL doesn't allow a barrier to entry (but it
does allow added value, such as a guarantee)?  There's more than a
legal hair to split here, I think, but hey, what do I know - I'm not
a lawyer.

> I like this because it provides a hedge against BSW failing to
>deliver. 

Which gets me back to my previous question: Assume BSW takes GPL
code, adds some minor mods, and I buy the product (and request or are
directly given, the source.  Remember, they MUST do this because
their code is derived from GPL work).  Can I sell it in competition
to BSW?  Careful with the answer: if you say "No, the extensions are
theirs", then they've violated (I think) the GPL, by claiming
proprietary extensions to a GPL work (a "derivative", it is called). 
If you say "Yes", then what is the value to BSW to use GPL code to
start with - any one of their customers could become a direct
competitor.  That's what I meant when I said you couldn't sell the
results; not that you couldn't charge a fee of some kind, but rather,
that you couldn't, without additional added value, rely on that sale
as some form of license or protection.  But as I said, I worded it
badly.

I think the question comes down to this: Will BSW take their
currently proprietary code, and port/sell it for Linux?  If they do
that, I'll buy it.  If they want to ride somebody's coattails, it
gets dicier, but basically if they want to try to generate revenue by
adding "proprietary" code to a GPL work, I don't see any way for them
to do that - and if they don't add any other value, I still don't see
how they can sell it (at least, not past the first couple of people
who buy it).

John

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