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Say someone made software, put it up on GitHub under the GPLv3 License, but then had an EULA that is not supplied with the binaries on GitHub, do you have to follow the EULA, or the GPL? And do they have to supply the source code with the binaries?

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    How do I know there is an eula when it is not distributed together? Jun 19 at 12:06
  • Do you mean they put the source in the git repo and binaries on a Releases project tab? And the repo contains both the GPL and a EULA? And the git repo states that the binary (not present in the repo but attached to the project via Releases) is covered by the EULA despite the binary itself not containing the EULA? This is what I guess from your question text but each of these assumptions might be wrong -- could you clarify the situation? Also, are there multiple authors of the GPL'd code, or just one author of all GPL code involved?
    – apsillers
    Jun 19 at 14:54
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    In general, there is nothing wrong with releasing your own source code under one license (e.g., the GPL) and a compiled form of your own code under a different license (e.g., a proprietary EULA), but that naturally does allow others to compile and distribute the GPL code. If there are multiple authors of GPL code, they must all agree to license it concurrently under GPL-incompatible terms. I haven't inspected the situation closely so I can't say how much of this general advice applies to this specific situation.
    – apsillers
    Jun 19 at 18:29
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    Having glaced at the repo, they really need to clarify what license(s) apply to what artifacts; any analysis about license compatibility I might offer would be based on guesswork about what licensing arrangement the authors intended by their confusing arrangement of license texts.
    – apsillers
    Jun 19 at 18:36
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    My impression is that the authors of that repo did not intend to release their work under the GPLv3 license, but they accidentally chose that one when creating an empty repo to host their releases. Jun 23 at 11:33
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You can certainly distribute code under GPL freely (e.g. via github) while selling licenses (EULAs) with additional rights (create closed derivatives, for instance) using other channels. You just have to make sure you have all rights to whatever you license separately (i.e., you have to get everybody who contributes changes to the public version write over the rights to you if you want to incorporate it into the EULAed package). This is usually called a CLA (Contributor Licence Agreement) to be formally accepted by any contributor before you integrate the contribution,

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