RE: [OSS400] Re: RPG 'CPAN' site -- RPG400-L

David,

I understand that it's your software, unfortunately it's not your license.
Like you IANAL, but my read on the GPL is that you are free to modify the
code, yes, but modified or not, any work "that in whole or in part contains
or is derived from the Program or any part thereof, to be licensed as a
whole at no charge..." So, as I read that if my application "contains" your
code my application must be licensed free of charge. I think the Lesser GPL
would be more applicable to your software, but that is up to you.
(http://www.fsf.org/copyleft/lesser.html)

-Walden

------------
Walden H Leverich III
President
Tech Software
(516) 627-3800 x11
(208) 692-3308 eFax
WaldenL@TechSoftInc.com
http://www.TechSoftInc.com



-----Original Message-----
From: David Morris [mailto:David.Morris@plumcreek.com]
Sent: Thursday, February 28, 2002 23:56
To: rpg400-l@midrange.com
Cc: oss400@midrange.com
Subject: [OSS400] Re: RPG 'CPAN' site


James,

Relax, don't worry. Taken out of context
what you say would certainly be something
to worry about. Here is the preceding text:

...2. You may modify your copy or copies of the
Program or any portion of it, thus forming
a work based on the Program, and copy and
distribute such modifications or work
under the terms of Section 1 above,
provided that you also meet all of these
conditions:

...b) You must cause any work that you
distribute or publish, that in whole
or in part contains or is derived from
the Program or any part thereof, to be
licensed as a whole at no charge to all
third parties under the terms of this
License.

I think a key word here is modify. You
really don't have anything to worry about.
If you do not modify the code don't worry.
I don't even have an attorney and would
support your efforts to use the unmodified
code base in any way you see fit. On the
other hand, if you do require modifications,
let's see if those modifications would
benefit others. If you don't mind, could
we pursue this on the OSS400 list?

David Morris


>>> qappdsn@attglobal.net 02/28/02 18:52 PM >>>
David,

I understand the subtle point that you are making, which is (correct me if
I'm wrong) that as a commercial software provider I can not include GPL
software within my product, but can point out that there is an open source
dependency that must be included in the overall installation for my software
product to work.  And I can provide that software, for a fee, as a part of
my installation package.

Is this a fair understanding of what you stated?

If so, you need to read the GPL again.  The GPL specifically states that if
any GPL module or code snippet is used that the entire product MUST be GPL.
It's not just modification of, but also includes use of.

But then again, lawyers make their income by the splitting of hairs.  As
John pointed out, the FUD factor of GPL is enough to keep most "will code
for pay" people away.

J. Kilgore

David Morris wrote:
>
> James,
>
> You can use GPL code in commercial code. You can't morph GPL code into
> something that you charge. In other words, you can tell your customer
> that they have to download the iSeries-toolkit but you cannot take a
> routine in the iSeries-toolkit, change it, and then charge someone for
> that changed code. You can submit your change for inclusion into the
> original GPL code base. I copied this to the OSS400 list.
>
> David Morris
>
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