[development] GPL 2 violation by integrationservic.es
brian at brianvuyk.com
Thu Nov 19 17:10:57 UTC 2009
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.
larry at garfieldtech.com wrote:
> 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.
>> 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.
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