On Saturday 02 April 2005 06:31, Srinivasan Krishnan wrote:
JT,
While we've discussed this earlier, I'd like your view on the
following, from the DansGuardian website:
<snip>
For all non-commercial[1] use DansGuardian 2 can be downloaded
under the GPL. For all non-commercial use I grant the end-user
permission to download DansGuardian 2. Upon your downloading of
DansGuardian 2 for non-commercial use I license it under the GPL.
For all commercial[2] use, upon your downloading, DansGuardian 2 is
licensed under the GPL, however permission to download DansGuardian
from this, or any mirror[3], website is restricted.
Ya! I read this earlier. And it's a very red herring. Once you have a
gpld copy you can do exactly as you please including selling it
COMMERCIALLY. Downloading from HIS website or the mirrors which have
similiar restrictions may not be allowed (BW costs money). But I can
setup a mirror with a gpld copy and offer it for money (or gratis) to
all and sundry. The para below is clear as smoke glass. And you are
partly correct in that the bugfixes are paid for downloads. But once
you get em they are gpld as it is very obviously a derivate of gpld
software. So distribute to your hearts content.
The restrictions on the downloading for commercial use are that you
may only download it once for free. This will enable you to try out
the software before making a decision to purchase a commercial
licence to download it. In order to download updates, bug fixes,
etc, you must purchase a download licence.
</snip>
Based on your interpretation (which I believe to be correct), how
does he get away with this? The only thing I can think of is that
the changes, bug fixes etc. that he mentions are not GPL'd and will
not be posted for free download. Which again is probably not a
huge deal even for a non-programmer, since they would generally be
rolled into the next release.
ALL bugfixes of gpld software are automatically derived works (you
cant have a bug fix standing by itself) and the gpl applies
automatically. If he gives you a copy (It is perfectly legal to not
give any one a copy eg. google uses modified gnu stuff but does not
distribute it to any one) you can freakout with it
.
Also, if for commercial use DansGuardian gets licenced under the
GPL on the first download, I should be able to make and dstribute
(sell, give away, whatever) as many copies as I wish. Then where
do his stated restrictions on commercial use apply?
There is no restriction. Like I said this is a red herring and the
author cannot take legal action.
So buy one "commercial" copy and copy
and sell to hearts content.
When you buy support you will get access to a fast server and /
or email / phone support so that you can patch and maintain the
stuff better. You can then make copies of the patch ad nauseum
and offer the same to your clients.
This licence seems funny to me. Is there more to this than is
obvious?
Nope. Just smoke and mirrors to trick the less informed into making
a purchase.
rgds
jtd