[Gllug] GPL & Licence Fees

John Winters john at sinodun.org.uk
Mon Nov 12 21:13:58 UTC 2007


> John Winters wrote:
>> Say I've taken an existing GPLed package and modified it slightly to
>> give
>> it an extra feature which you need.  I haven't distributed the package
>> yet
>> so I am under no obligation to let you have either the binary or the
>> source.  You ask me to sell you a copy and I say it'll cost you £1000.
>> You counter that you haven't got £1000 so I offer it to you for five
>> annual payments of £200.
>
> It depends in what way you sell it to them, no?  If you send them a copy
> of the software, you are distributing it, are you not?  Therefore under
> the terms of the GPL, you must make the source available on request, no?

Yes, but that's not the point in question.  I was describing a scenario in
which someone could end up paying yearly instalments for piece of GPL
software.

If you want to worry about when the source distribution happens then
assume I include it with the binaries, thus avoiding all problems.

> In this circumstance, I would assume the terms of the first licence the
> software was put under, the GPL and not yours, would apply.

There is only one licence in the scenario - the GPL.  Because the original
package was licensed to me under the GPL I can only pass on my modified
version (if I choose to pass it on at all) under the same licence.  I am
however free to ask whatever fee I like for giving you a copy (and you are
free to choose not to pay it, but then I won't give you a copy of my
modified package).

Once you've received your copy you can pass it on as you will, but you
still need to pay me the money which we agreed.

John

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