[development] GPL 2 violation by integrationservic.es

[Brian Vuyk]

Nowhere did I claim selling a module was wrong. Of course they can sell 
a GPL module.

The problem here is the code is not being released under the GPL.

Brian

larry at garfieldtech.com wrote:
> *sigh*
>
> There is nothing in the GPL that says you cannot sell a module.  The 
> module author is free to charge $1 million dollars a copy if he wants 
> to... provided that the code is then licensed to buyers under the GPL, 
> which means the buyer could redistribute it for free if they felt like 
> it.  So just charging for a module does not constitute a GPL 
> violation.  We've been over this, and the dev list is not the place to 
> be rehashing it.
>
> I've already replied to that effect to the mentioned thread.
>
> --Larry Garfield
> Director of Legal Affairs
> Drupal Association
>
> Brian Vuyk wrote:
>> There are several long-running discussions on g.d.o over whether or 
>> not a module constitutes a derivative of Drupal. Unfortunately, there 
>> isn't much in the way of legal precedent to give definition to the 
>> term 'derivative' in the context of the GPL.
>>
>> While it is the Drupal Association's interpretation that a module 
>> *is* derivative code, this is a somewhat legal grey area.
>>
>> If a module is considered to not be a derivative, then it doesn't 
>> automatically gain the GPL, and there is nothing wrong with selling 
>> it, and prosecuting anyone who redistributes it.
>>
>> If it is indeed a derivative (the stance I take), then modules 
>> automatically assume the full protection / freedom of the GPL. In 
>> which case this developer is violating the GPL.
>>
>> In short, someone should purchase the module, and exercise their GPL 
>> freedom to post it to D.org, or take over maintainership of the module.
>>
>> Brian
>>
>> Naheem Zaffar wrote:
>>>
>>>
>>> 2009/11/19 Alex Barth <alex at developmentseed.org 
>>> <mailto:alex at developmentseed.org>>
>>>
>>>
>>>     This may have come up before, but
>>>     http://integrationservic.es/drupal.php launched on Nov 12 and
>>>     appears to be violating drupal's GPL2 by charging 33 $ for a
>>>     module download.
>>>
>>>
>>> The GPL does not say that the module has to be for free. However 
>>> once the module has been "distributed" to other individuals, no 
>>> additional restrictions above the GPL can be added, so if the person 
>>> has  clause that the purchasers cannot sell/pass the module onto 
>>> others, that would be a problem, otherwise, no it wouldn't.
>>>
>>> IANAL, but that is my understanding.
>>