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enyst - 10 years ago 2014-09-19 22:09:46
engel.nyst@gmail.com
Strictly speaking, for proprietary relicensing 'only' unconditional permissions are needed.

Signed-off-by: enyst <engel.nyst@gmail.com>
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Using Free Software in house is certainly helpful, but a thriving
 
market for Free Software-oriented business models also exists. There is the
 
traditional model of selling copies of Free Software distributions.
 
Many companies make substantial revenue
 
from this model. Some choose this model because they have
 
found that for higher-end hardware, the profit made from proprietary
 
software licensing fees is negligible. The real profit is in the hardware,
 
but it is essential that software be stable, reliable and dependable, and
 
the users be allowed to have unfettered access to it. Free Software, and
 
GPL'd software in particular (because IBM can be assured that proprietary
 
versions of the same software will not exist to compete on their hardware)
 
is the right choice.
 

	
 
For example, charging a ``convenience fee'' for Free Software,
 
when set at a reasonable price (around \$60 or so), can produce some
 
profit. Even though Red Hat's system is fully downloadable on their
 
Web site, people still go to local computer stores and buy copies of their
 
box set, which is simply a printed version of the manual (available under
 
a Free license as well) and the Free Software system it documents.
 

	
 
\medskip
 

	
 
However, custom support, service, and software improvement contracts
 
are the most widely used models for GPL'd software. The GPL is
 
central to their success, because it ensures that the code base
 
remains common, and that large and small companies are on equal
 
footing for access to the technology. Consider, for example, the GNU
 
Compiler Collection (GCC). Cygnus Solutions, a company started in the
 
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 that compete in
 
this space. Because the code-base is protected by the 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.
 
software in which a particular entity is the sole copyright holder or has
 
unconditional relicensing permissions. 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 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 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 gives
 
back to the commons that made the work easier in the first place. It is a
 
reasonable trade-off and a way to help build a better world while also
 
making a profit.
 

	
 
Note that FSF does provide services to assist companies who need
 
assistance in complying with the GPL. You can contact FSF's GPL
 
Compliance Labs at $<$licensing@fsf.org$>$.
 

	
 
%FIXME-LATER: should have \tutorialpart
 

	
 
If you are particularly interested in matters of GPL compliance, we
 
recommend the next two parts, which include both recommendations on good
 
compliance and compliance case studies.
 

	
 
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% END OF FIRST DAY SEMINAR SECTION
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