[development] GPL 2 violation by integrationservic.es

Brian Vuyk brian at brianvuyk.com
Thu Nov 19 17:22:28 UTC 2009


I don't believe that discussion of the GPL2, it's application, and 
related subjects are off-topic for the development list. After all, it's 
the license we are *all* releasing code under, and it is critical that 
it is properly understood by the Drupal development community.


larry at garfieldtech.com wrote:
> 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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