[oss-devel] licensing glitch

[Hannu Savolainen]

François Revol kirjoitti:
> Hi,
> There is something in the FAQ that looks weird:
>
> Q: What about the “closed source” operating systems?
>
> A: Non open sourced operating systems such as SCO UnixWare/OpenServer 
> are 
> not covered by the above open source licenses. However we have decided 
> to 
> release the source code of OSS also for them. Users of such operating 
> systems will need a commercial license from 4Front Technologies to use 
> the OSS legally. 
>
>
> Unless the EULA of SCO explicitely forbids running GPLed stuff there is 
> no reason someone couldn't build it for SCO and run it there. You not 
> wanting to is different than the GPL preventing it. It doesn't.
> What is not permitted by the GPL is shipping GPLed programs with closed
> -source binaries. Like someone shipping an SCO install disc with a 
> GPLed OSS build on it.
> If you don't want people to be able to use OSS GPL under closed sourced 
> OS you have to explicitely ammend the licence to prevent it. but then 
> it wouldn't be compatible with GPL (that is other code under plain 
> GPL).
> The GPL (or any (most?) other free software licence) doesn't restrict 
> which OS programs runs on, it's actually meant to give you that 
> freedom.
>
>   
GPLv2 is the license of the *source code* of OSS. It's not the license 
of OSS itself.

GPL is all about the availability of the source code and that’s it. 
GPLv2 says that “you have to distribute the source code and charge no 
more than your cost of physically performing source distribution” (which 
is for free in our case). This is exactly what we do.

GPL also says that “if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. 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.”. This is also exactly what we have done.

OSS is “gratis” if you use it with GPLed applications under GPLed 
operating gystems. It’s “for a fee” (you need to buy a commercial 
license from 4Front Technologies) if you use it in any other 
environment. This is “all the rights you have”. If you redistribute OSS 
you must give the recipient “all the rights you have" (recursively).

Best regards,

Hannu