Let me tackle these 1 at a time. Let's take the LGPL license issue.
If he links to a LGPL library then he doesn't have to give out his source
code that uses the library. If he modifies the library then under the LGPL
or the GPL he would have to provide the source code to that library with
his changes to each person outside of his company that gets or buys it. He
can sell his software and keep the his source code close and never reveal
it when he links his code to LGPL libraries.
PEAR is a repository of PHP code. It says on the site that you can
contribute any code to the site as long as it uses an OSI
(http://www.opensource.org/) approved license. The PHP License is basically
just a slightly modified BSD license. It basically says you can do whatever
you want with the code except the Zend Engine. There are special rules that
cover the Zend Engine. Other than that, just give us credit in the source
and the program and all is fine.
Now I don't know which modules or libraries he used from PEAR so he may
have possible license issues there or not. It would depend on what he used
and what he did to those modules, and how they are used, and what each
license is for each module used.
Now to the last item. If this program is based in anyway on the source code
of "opensrs-php" then all modifications to it must be licensed under the
GPL. He **CAN** sell copies but he can not restrict what those people can
do with the source code and he **MUST** provide the source code to those
people.
Now some of you are going to say, but what about if you start with GPL and
then slowly rewrite all of it? Isn't there some percentage of new code that
it is no longer the old code, thus my copyright? That is an old wives tale.
As far a copyright law is concerned if you start with someone else's source
code and then modify 100% it would still be controlled by the original
license. If you take away the license then you default back to plain
copyright law, which then says you stole the code, you had no right to it,
and thus anything you created with it doesn't belong to you because you
stole someone else's copyright source code. By the way no one is required
under the GPL to send code modifications back to the original author, nor
are you required to release source code changes to GPL software that a
company uses in house. You only have to release the source code when you
transfer/give the program to someone else, and even then only the person
you gave to is the person your required to give it to, no one else.
This whole concept is why a lot of people refer to the GPL as a viral
license. My problem with that is that if you don't like the license then
don't use the code, write your own code and you won't have this problem.
In case anyone is wondering yes I have talked with lawyers about this, in
fact some of the top copyright lawyers in the country. I am currently being
sued by an international company over a GPL-ed project that I worked on and
hosted here. So I am aware of most if not all the legal ins and out of the
LGPL and the GPL.
If you have any other questions let me know.
Tim Jung
System Admin
Internet Gateway
tjung@igateway.net
----- Original Message -----
From: "Colin Viebrock" <colin@easydns.com>
To: "Tim Jung" <tjung@igateway.net>
Cc: <vladislav@davidzon.com>; <bizops-list@opensrs.org>
Sent: Wednesday, April 16, 2003 6:21 PM
Subject: Re: phpDomain (OpenSRS + Billing) for $49.95!
> Tim Jung wrote:
> > On your web page (http://www.phpdomain.net/site/features.shtml) you
talk
> > about your product being "Open source product" when in fact not all
your
> > products are Open Source. You might want to clarify that better, that
the
> > "Open source product" feature is only available in the Basic/Free
version.
>
> I'm going to assume this email of yours is related to other thread about
> GPL issues. If so, and if the Pro Version isn't LGPL, I have an issue
> here as well, since I know that the Basic/Free version is based quite
> heavily on my opensource PHP client freely available at
> http://opensrs-php.sf.net. Previous conversations I've had with the
> developers confirmed this fact.
>
> Further, they are bundling several classes that are part of PEAR
> (http://pear.php.net), authored by myself and others, which are released
> under the PHP License. I'm not sure what the details are on selling
> code that includes those classes.
>
> I would also point out that the links to the Terms & Conditions on the
> following page are non-existant:
>
> https://secure.thinkhost.com/phpdomain.org/members/order.php
>
> > Also you have posted there that everyone is free to download the free
> > version and try it out, yet there is no download link anywhere on the
site
> > to download it to try it.
>
> There is a download link right in the middle of the front page of their
> site. You have to register to get to the download (which kinda sucks,
> IMHO), but it's there.
>
> - Colin
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