Re: Fw: Question about GPL (semi off topic)

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Christian wrote:

I suspect you are probably right, Jake - I just don't fully understand it 
yet. Are you saying that someone can apply additional conditions to GPL - 
ie. you can't be business type X, which does ABC, etc - without actually 
modifying the GPL? That's the part I don't understand. I thought the GPL 
carries the conditions of use within its verbiage.

------
Just addressing the question of "applying addition conditions to GPL" ....

Technically, they are not adding any additional conditions to the GPL, 
they are just "dual-licensing" it.

Only way they can do this is if they own the copyright or has assignment 
of copyright of all the code base.   Then, they can do what ever they want 
with it.
Remember, License and Copyright are different things.  MySQL (i assume) 
owns the copyright to all it code. 
GPL does not strip that from them just because the code is under the GPL.

Assuming that they own the copyright to all the code, they can license it 
in any way they want and in any number of ways. 
GPL, Commercial.. They can even take it and go Closed source on any newer 
version. 
(Old versions once licensed as GPL stays GPL)

If you look at the other side of the coin, Linux at this point can't be 
commercially licensed.  Meaning, even if you wanted to pay for a license 
to use Linux
and not provide the source, you can't.  You would need to get agreements 
from all of the copyright holders of the Linux source.

--------
The question really comes down to "what part of the GPL does an ASP 
providing services violate the GPL if the code is not distributed..."
The vague answers to your question from the MySQL folks might be due to 
the fact that the ASP model does NOT violate the GPL as long as you do not 
distribute the code.


Edward

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<br><font size=2 face="sans-serif">Christian wrote:</font>
<br>
<br><font size=3>I suspect you are probably right, Jake - I just don't
fully understand it yet. Are you saying that someone can apply additional
conditions to GPL - ie. you can't be business type X, which does ABC, etc
- without actually modifying the GPL? That's the part I don't understand.
I thought the GPL carries the conditions of use within its verbiage.<br>
</font>
<br><font size=3>------</font>
<br><font size=3>Just addressing the question of &quot;applying addition
conditions to GPL&quot; ....</font>
<br>
<br><font size=3>Technically, they are not adding any additional conditions
to the GPL, they are just &quot;dual-licensing&quot; it.</font>
<br>
<br><font size=3>Only way they can do this is if they own the copyright
or has assignment of copyright of all the code base. &nbsp; Then, they
can do what ever they want with it.</font>
<br><font size=3>Remember, License and Copyright are different things.
&nbsp;MySQL (i assume) owns the copyright to all it code. &nbsp;</font>
<br><font size=3>GPL does not strip that from them just because the code
is under the GPL.</font>
<br>
<br><font size=3>Assuming that they own the copyright to all the code,
they can license it in any way they want and in any number of ways. &nbsp;</font>
<br><font size=3>GPL, Commercial.. They can even take it and go Closed
source on any newer version. </font>
<br><font size=3>(Old versions once licensed as GPL stays GPL)</font>
<br>
<br><font size=3>If you look at the other side of the coin, Linux at this
point can't be commercially licensed. &nbsp;Meaning, even if you wanted
to pay for a license to use Linux</font>
<br><font size=3>and not provide the source, you can't. &nbsp;You would
need to get agreements from all of the copyright holders of the Linux source.</font>
<br>
<br><font size=3>--------</font>
<br><font size=3>The question really comes down to &quot;what part of the
GPL does an ASP providing services violate the GPL if the code is not distributed...&quot;</font>
<br><font size=3>The vague answers to your question from the MySQL folks
might be due to the fact that the ASP model does NOT violate the GPL as
long as you do not distribute the code.</font>
<br>
<br>
<br><font size=3>Edward</font>
<br>
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