Has anyone looked into the product by www.hype ric.com before?

[Andreas Ericsson]

Paul L. Allen wrote:
> Jason Martin writes:
> 
>> I am pretty sure it should be read as 'if the user gets the program, 
>> the source must be made available to them at the same time'.  
> 
> 
> Not quite.  When the user gets the program the user must be informed about
> how they can get the source for that version of the program or the source
> must be included with the program.  It doesn't have to be available
> directly, they may have to send money for media/shipping and get a CD
> in the post.  But they DO have to be told that they can have the source
> if they want it. 

Correct so far.

> Not only that, ANYONE can request a copy of the source
> whether they have purchased the program or not.

Request: Yes.
Receive: Not necessarily.

This whole discussion could have been solved from the start by these 
entries in the GNU GPL FAQ, which clearly states that the GPL is there 
to prevent companies from getting NDA's on free software unless 
everybody involved agrees to it (in short; Noone should be forced to 
agree to anything).

http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney

* Does the GPL allow me to sell copies of the program for money?
     Yes, the GPL allows everyone to do this. The right to sell copies 
is part of the definition of free software. Except in one special 
situation, there is no limit on what price you can charge. (The one 
exception is the required written offer to provide source code that must 
accompany binary-only release.)

* Does the GPL allow me to charge a fee for downloading the program from 
my site?
     Yes. You can charge any fee you wish for distributing a copy of the 
program. If you distribute binaries by download, you must provide 
"equivalent access" to download the source--therefore, the fee to 
download source may not be greater than the fee to download the binary.

* Does the GPL allow me to require that anyone who receives the software 
must pay me a fee and/or notify me?
     No. In fact, a requirement like that would make the program 
non-free. If people have to pay when they get a copy of a program, or if 
they have to notify anyone in particular, then the program is not free. 
See the definition of free software.

     The GPL is a free software license, and therefore it permits people 
to use and even redistribute the software without being required to pay 
anyone a fee for doing so.

* 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.

* Does the GPL allow me to develop a modified version under a 
nondisclosure agreement?
     Yes. For instance, you can accept a contract to develop changes and 
agree not to release your changes until the client says ok. This is 
permitted because in this case no GPL-covered code is being distributed 
under an NDA.

     You can also release your changes to the client under the GPL, but 
agree not to release them to anyone else unless the client says ok. In 
this case, too, no GPL-covered code is being distributed under an NDA, 
or under any additional restrictions.

     The GPL would give the client the right to redistribute your 
version. In this scenario, the client will probably choose not to 
exercise that right, but does have the right.



Read http://www.gnu.org/licenses/gpl.html for the exact legal text.

-- 
Andreas Ericsson
OP5 AB
+46 (0)733 709032
andreas.ericsson at op5.se


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