(Open) Source Code

[tco21]

Hi.

I just want to get a general opinion on the ethical perspectives of using, modifying, and then selling software which was once open source.

Generally I'm speaking about software released under the GNU General Public License, which stipulates that:

"The licensee is allowed to charge a fee for this service, or do this free of charge. This latter point distinguishes the GPL from software licenses that prohibit commercial redistribution."

Let's say you download an application, test and run it a few times, and then you edit it by revamping the GUI, as well as some of the functionality of the application, but keep the rest of it more or less the same, and then change the license on the product and start selling it off.

How ethical is this?

 

[Mzala]

If I recall correctly, once a software is under GPL, the modifications that you make will also be subjected to GPL conditions, meaning whoever you plan to sell your software to, will have rights to obtain, modify and distribute your source code.

You can still sell the software, but most of us will just take the source code and compile it ourselves

 

[andres101]

AFAIK, if it is GPL'd, you have to give the user a copy of the code or tell him/her where they can download it. I doubt you are allowed to sell the software, but you are allowed to sell the disk the software is on, the manual and/or charge an installation/maintenance fee.

If you are allowed to sell the software, I would say that it is ethical if you wrote most of the code.

 

[rorz0r]

Redhat makes extensive modifications but I think because of the modular nature of linux they've managed to keep some of their stuff to themselves and only distribute the binaries.

I imagine if you compiled your modified code into a library and then built your app on top of the library you could just release the code of the library. This would be enough to keep most people from just downloading the library because there's not much they can do with that, however you might face some competition from some other guys who will just build a GUI...

 

[chiskop]

You can sell the modified software, and charge for any services such as installation etc. However you will have to license it under the GPL and provide source code. GPL FAQ

 

[icyrus]

Hi.

I just want to get a general opinion on the ethical perspectives of using, modifying, and then selling software which was once open source.

Generally I'm speaking about software released under the GNU General Public License, which stipulates that:



Let's say you download an application, test and run it a few times, and then you edit it by revamping the GUI, as well as some of the functionality of the application, but keep the rest of it more or less the same, and then change the license on the product and start selling it off.

How ethical is this?

You cannot change the license. You will get sued, and lose.

 

[Abe]

Let's say you download an application, test and run it a few times, and then you edit it by revamping the GUI, as well as some of the functionality of the application, but keep the rest of it more or less the same, and then change the license on the product and start selling it off.

You are asking for big trouble. There are a number of tools that can identify this and you will be taken to the cleaners.

 

[dequadin]

You can sell the modified software, and charge for any services such as installation etc. However you will have to license it under the GPL and provide source code. GPL FAQ

Looks like chiskop is correct, check out these quotes from the GPL FAQ:

Does the GPL allow me to sell copies of the program for money?

Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.)

Here's something worth thinking about, only one person needs to pay for your software before it becomes freeware! (also from the FAQ)

If I distribute GPL'd software for a fee, am I required to also make it available to the public without a charge?

No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

So because you are modifying GPL'd software your modified version has to carry the GPL license, which means the above would apply.

 

[tco21]

Hi. Thanks for all the replies.

I Didn't know about the last point dequadin made. Helpful to know.

@Abe: I'm not intending to take open source code and disguise it as proprietary software - just looking into the viability of selling modified OSS with the primary focus on technical assistance etc.

 

[d-_-b]

I imagine if you compiled your modified code into a library and then built your app on top of the library you could just release the code of the library. This would be enough to keep most people from just downloading the library because there's not much they can do with that, however you might face some competition from some other guys who will just build a GUI...

No that is also not allowed with GPL'ed code only with LGPL is it allowed to link into a library without open sourcing your source code.

A good example of a library that went from GPL to LGPL recently is the Qt Framework for the exact reason that a lot of programmers didn't touch it because they either must have GPL'ed they code or buy a license for the toolkit.

Regards,