[development] GPL 2 violation by integrationservic.es

larry at garfieldtech.com larry at garfieldtech.com
Thu Nov 19 17:15:44 UTC 2009

Please follow up in the mentioned thread then, not here.

--Larry Garfield

Brian Vuyk wrote:
> 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.

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