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Bradley Kuhn (bkuhn) - 10 years ago 2014-03-21 00:57:00
bkuhn@ebb.org
Proprietary relicensing comment.
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gpl-lgpl.tex
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@@ -4267,55 +4267,55 @@ early 1990s, was able to grow steadily simply by providing services
 
for GCC --- mostly consisting of new ports of GCC to different or new,
 
embedded targets. Eventually, Cygnus was so successful that
 
it was purchased by Red Hat where it remains a profitable division.
 

	
 
However, there are very small companies like CodeSourcery, as well as
 
other medium-sized companies like MontaVista and OpenTV that compete in
 
this space. Because the code-base is protect by GPL, it creates and
 
demands industry trust. Companies can cooperate on the software and
 
improve it for everyone. Meanwhile, companies who rely on GCC for their
 
work are happy to pay for improvements, and for ports to new target
 
platforms. Nearly all the changes fold back into the standard
 
versions, and those forks that exist remain freely available.
 

	
 
\medskip
 

	
 
\label{Proprietary Relicensing}
 

	
 
A final common business model that is perhaps the most controversial is
 
proprietary relicensing of a GPL'd code base. This is only an option for
 
software in which a particular entity is the sole copyright holder. As
 
discussed earlier in this tutorial, a copyright holder is permitted under
 
copyright law to license a software system under her copyright as many
 
different ways as she likes to as many different parties as she wishes.
 

	
 
Some companies, such as MySQL AB and TrollTech, use this to their
 
Some companies, such as Oracle, use this to their
 
financial advantage with regard to a GPL'd code base. The standard
 
version is available from the company under the terms of the GPL\@.
 
However, parties can purchase separate proprietary software licensing for
 
a fee.
 

	
 
This business model is problematic because it means that the GPL'd code
 
This business model is at best problematic and at worst predatory because it means that the GPL'd code
 
base must be developed in a somewhat monolithic way, because volunteer
 
Free Software developers may be reluctant to assign their copyrights to
 
the company because it will not promise to always and forever license the
 
software as Free Software. Indeed, the company will surely use such code
 
contributions in proprietary versions licensed for fees.
 

	
 
\section{Ongoing Compliance}
 

	
 
GPL compliance is in fact a very simple matter -- much simpler than
 
typical proprietary software agreements and EULAs. Usually, the most
 
difficult hurdle is changing from a proprietary software mindset to one
 
that seeks to foster a community of sharing and mutual support. Certainly
 
complying with the GPL from a users' perspective gives substantially fewer
 
headaches than proprietary license compliance.
 

	
 
For those who go into the business of distributing {\em modified\\}
 
versions of GPL'd software, the burden is a bit higher, but not by
 
much. The glib answer is that by releasing the whole product as Free
 
Software, it is always easy to comply with the GPL. However,
 
admittedly to the dismay of FSF, many modern and complex software
 
systems are built using both proprietary and GPL'd components that are
 
not legally derivative works of each other. Sometimes, it is easier simply to
 
improve existing GPL'd application than to start from scratch. In
 
exchange for that benefit, the license requires that the modifier give
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