Payment module license issue

[Guest]

Hi,

 

here in Spain the main payment system is 4B. I know various people have made a payment module for this system. They sell this with the osC installation and customization. I know this is not a GPL violation. But my question is the following:

 

Should they release the payment module code to the public? They make a redistribution of a code that I think must be covered by GPL, 'cause is used in conjuntion with a core GPL system, and is useless if you separate them. And if this code is GPL and they redistribute it, they are required to make it public (I understand this in the GPL license)

 

This question is a trouble here in Spain, and I'd like to know if I'm right to ask payment module creators to release it under the terms of the GPL. Now I'm making a GPL payment module, that I'll release in a week or two, but I'd like to see if the solution of other people is better or if I could improve that...

 

Thanks a lot

[Harald Ponce de Leon]

The module must be released under the GPL license as it is bound together with the osCommerce solution (this is the viral effect of the GPL license).

 

The GPL license however does not give anyone the right to receive the module - it is solely up to the author to distribute it to whom they wish.

 

The only condition is that the module must be under the GPL license (sources or binary+sources) and the freedom must not be limited (Non Disclosure Agreement).

[Guest]

Hola Harald:

 

I think the GPL require you to publish the source code if you make it available in any way to public. I think this is done when you sell this code to any other company (your client) different from you.

 

Does the GPL require that source code of modified versions be posted to the public?

 

The GPL does not require you to release your modified version. You are free to make modifications and use them privately, without ever releasing them. This applies to organizations (including companies), too; an organization can make a modified version and use it internally without ever releasing it outside the organization.

 

But if you release the modified version to the public in some way, the GPL requires you to make the modified source code available to the users, under the GPL.

 

Thus, the GPL gives permission to release the modified program in certain ways, and not in other ways; but the decision of whether to release it is up to you.

(http://www.fsf.org/licenses/gpl-faq.html#T...rcePostedPublic)

 

Althoug, in this FAQ we can find this:

If I distribute GPL'd software for a fee, am I required to also make it available to the public without a charge?

 

No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

(http://www.fsf.org/licenses/gpl-faq.html#T...abilityToPublic)

 

Maybe we have not the right to ask for the publishment of the code, but if the code is GPL'ed (as I think it should be) any of the clients of this company can make it public.

[Jan0815]

I think the GPL require you to publish the source code if you make it available in any way to public. I think this is done when you sell this code to any other company (your client) different from you.

 

Be careful ;-) That part of the GNU/GPL comes in action when you distribute a program in binary form. In that case there is ALSO source code that must be made available to any third party. But in our case that is different. Normal distribution is in source code - not in binary. One could argue that because of that one is not obliged to hand out the sources to any third party. This is a known issue and the FSF is working on a new version of the GPL that should address this. So to all those people out there thinking they have found a little hole to base business on - it will only be for a short time and it already is against the philosophy and principles of the GNU/GPL.

 

But as you correctly say:

 

Maybe we have not the right to ask for the publishment of the code, but if the code is GPL'ed (as I think it should be) any of the clients of this company can make it public.

 

Exactly. Every client has all rights the GNU/GPL warrants. Included is the right of distribution - gratis or for a fee.

 

One has to leave behind the thought that source code is your property to fully understand the priniciples of OpenSource ;-)

[Harald Ponce de Leon]

I am totally entitled to create a GPL addon and release it only to a selected few people. If someone else finds out about this addon, they do not have the right to receive it just because the addon is under the GPL license.

 

However, I cannot prevent those that have the addon from distributing it as that would be limiting the freedoms of the GPL license and would be a violation.