on Thu, Oct 09, 2003 at 12:06:02PM -0500, Michael D Schleif (mds@helices.org) wrote:
> OK, this is my first foray into a sale-able product, based on `free'
> software.
>
> I am working with a company that is writing software that is to be
> sold to their customers. I have specified Debian as the OS on which
> this all runs; so, here I am on this list to learn the ropes of `free'
> software.
>
> Other than Debian, the software uses Apache, MySQL and PHP.
>
> My client wants to retain all rights to their software, and is not
> willing to release their software in any `free' software fashion.
>
> Also, in order to manage problems and maintain SLA's, this software is
> to be sold as an integral piece of a system -- somewhat of a blackbox.
> In other words, their customers will pay one basic price, and receive
> an installed hardware server, on which Debian and software are
> installed turnkey.
>
> Everything other than the proprietary software is straight DEB
> installed, so their is no issue of distributing modified `free'
> software. However, the MySQL licensing model seems to indicate that a
> licensing fee is due them; and, I wonder about others.
>
> What are the repercussions to my client, as a result of this model?
You must comply with licensing obligations of the software included on
your selection of Debian packages. In general, this means complying
with sections 3(1) or 3(b) of the GPL for many packages (include source
or include offer for), though other license's terms may vary. Briefly:
your right to distribute the software in source or binary is allowed,
but your _obligations_ vary somewhat by license.
As for your own work, licensing requirements under various FSF Free
Software / OSI Open Source licenses may vary under a number of
conditions, from similar to the above to none at all. None of which can
be adequately determined based on the information you've provided here,
and I would *NOT* advise making legal decisions based soley on list
advice..
Please consult counsel experienced in free software matters. Among
those who come to mind are Eben Moglen (Columbia University/FSF), Larry
Rosen (Open Source Initiative), and Larry Lessig (Stanford University),
all of whom know personally and know to be quite knowledgeable on
issues. Though I'm not endorsing any of the above, they may be able to
assist you directly or point you toward experienced counsel.
IANAL, TINLA, YADA.
Peace.
--
Karsten M. Self <kmself@ix.netcom.com> http://kmself.home.netcom.com/
What Part of "Gestalt" don't you understand?
At the sound of the toner, boycott Lexmark: trade restraint via DMCA.
http://news.com.com/2100-1023-979791.html
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