47
votes
Accepted
Is illegally obtained GPLv2 software still subject to the terms and conditions of the GPL?
The Free Software Foundation thinks not. From the GPL FAQ:
If someone steals a CD containing a version of a GPL-covered program, does the GPL give the thief the right to redistribute that version?
...
- 5,132
41
votes
Accepted
Can I make my own license?
Don't do this. We already have an excellent Q&A on why you shouldn't use a crayon licence, and I strongly recommend you read it. You can achieve most of what you want with existing licences, and ...
- 47k
36
votes
Accepted
Embedding GPL code in proprietary software
When your code contains (or links to) GPL licensed code, then the GPL license requires that you distribute your application under the GPL license.
The GPL does not require that you distribute your ...
34
votes
Is illegally obtained GPLv2 software still subject to the terms and conditions of the GPL?
The usual caveat: IANAL/IANYL. That said, a statement of intent is not usually considered a binding undertaking, and stolen goods are stolen goods.
A licence does not inhere in software, it is ...
- 47k
29
votes
Am I legally obliged to honor requests made outside the license file?
No, this is not a legally binding requirement. The pdf.js authors are absolutely aware of this which is why it is phrased as a request, not a requirement.
In this context, downstream authors are being ...
- 18.5k
26
votes
Accepted
MariaDB: How can the license being held by a foundation forbid Oracle from buying MariaDB?
How can the license being held by the foundation forbid Oracle from buying the Whole Entity ?
Because it's not for sale. This from the foundation's Certificate of Incorporation:
FOURTH: The ...
- 47k
23
votes
Accepted
Legal wording to exempt bug fixes to open-source framework from NDA?
To a very real extent, this is always going to depend on there being good faith between the parties. If working with someone I knew and trusted, I'd be happy with a clause along the lines of
Fixes ...
- 18.5k
22
votes
Accepted
How much is "substantial portion" in MIT licence?
Substantial portion is a legal term. Its exact definition will depend on jurisdiction, be subject to interpretation and possibly including subjective analyses. When in doubt, ask a lawyer. To err on ...
- 8,839
19
votes
Why does the GPL not specify a jurisdiction or choice of law clause?
It is unusual for general-purpose open source licenses to have a choice of law clause. One example I am aware of is the EUPL 1.2:
15. Applicable Law
Without prejudice to specific agreement between ...
- 38.6k
17
votes
Is there a good license for a libertarian programmer who's against intellectual property?
Anyone may use the software for any purpose they choose ...
However, no one may place any type of restrictions on my software
Your basic problem is that these are self-contradictory aims. In the ...
- 47k
16
votes
Is illegally obtained GPLv2 software still subject to the terms and conditions of the GPL?
I think the problem here is at a more fundamental level than the GPL.
The GPL does not force you to publish your code under the GPL. It is still the right of the copyright holder to decide whether ...
- 38.6k
16
votes
Accepted
Why GitHub is not opensource when it's use Git that has GPLv2 license?
The GPL does not forbid you from using GPL'ed software. It requires something far more specific: if you modify the GPL'ed software and publish your modifications, then you can only publish under the ...
- 38.6k
16
votes
If you distribute GPL-code as non-GPL, can the receiver redistribute it as GPL?
GPLv2 is clear about this: I have to release the whole program as
GPLv2 if I want to distribute it.
That would be the FSF's position, at least.
It is clear that if I don't, I am subject to lawsuits ...
- 409
16
votes
Accepted
Hypothetical conflict - incorrectly licensed code
You are right in your assessment: Widget Tech has a problem as it will need to replace the illegally-used library with something else. It may not be eligible for damages if you cease to do so ...
- 10.8k
16
votes
Accepted
How do I deal with authorship after a fork?
You have forked a GPLv2 package, and created a derivative work therefrom. You are curious about the licensing and copyright arrangements for the new work. Fortunately, neither of these are in any ...
- 47k
16
votes
"Pure Copyleft" Software Licenses? (with no additional restrictions)
I don't think you'll square this circle. You write
The problem I have with the GPLv3 and AGPL license is how they restrict the intermediate users, while the problem I have with the MIT license is ...
- 47k
15
votes
Accepted
Why does the GPL not specify a jurisdiction or choice of law clause?
A direct answer as given by FSF:
Some have asked us to address the difficulties of internationalization
by including, or permitting the inclusion of, a choice of law
provision. We maintain that this ...
- 266
14
votes
Accepted
If a project only includes a copy of the GPL, can it be relicensed under any version?
Your hunch of "no" seems correct to me. The GPL FAQ has this to say about standalone copies of the GPL without an explicit license grant:
Is it enough just to put a copy of the GNU GPL in ...
- 35.6k
14
votes
Accepted
"Pure Copyleft" Software Licenses? (with no additional restrictions)
I think another answer has done a good job articulating some philosophical incompatibilities in your requirements. I won't retread those concerns, but I'll make a feasible suggestion that might come ...
- 35.6k
13
votes
Is using MIT-licensed code in non-open source code considered stealing?
For all software libraries, copyright law applies, and you must read and follow the license in order to use it legally. For a MIT licensed code library, if you distribute the resulting package, you ...
- 592
13
votes
Embedding GPL code in proprietary software
If you distribute your propriatiery code combined with GPL licensed code without following the GPL rules, then you commit copyright infringement, and the copyright holder or copyright holders of the ...
- 1,265
12
votes
Theseus' Paradox applied to code copyright
In the United States, a determination of copyright infringement is based on two broad considerations:
the author's access to the original work
the new work's similarity to the original work
If you ...
- 35.6k
12
votes
Accepted
Telemetry in open source software?
Software is considered "open source"1 as long as it satisfies at least one of the widely-accepted definitions, like OSD, FSD, DFSG etc. It's possible for a piece of software to both spy on its users / ...
- 8,839
12
votes
Accepted
What is the purpose of "or (at your option) any later version"? What if I don't want this?
You are correct to note that “or (at your option) any later version” is a double-edged sword. If you license code under such a clause, you are placing a lot of trust in the Free Software Foundation ...
- 38.6k
12
votes
Accepted
Right to launch an application with FOSS license
Both the Free Software and Open Source definitions include the freedom to run programs for any purpose:
Free Software Definition: The freedom to run the program as you wish, for any purpose (freedom ...
- 7,728
12
votes
Accepted
Proprietary Software + GPL: A case study with OctaneRender and Blender
Your question already contains the relevant analysis, and without knowing details about their protocol there's nothing to add here. So this is a case where the software could be compliant, and is not ...
- 38.6k
12
votes
Can I make my own license?
If you are an Operating System Developer, you can also choose Apache.
I'm an operating system developer. If I use your software, I will choose Apache.
The problem is that one of the rights that I ...
- 589
11
votes
Accepted
Who owns the copyright to code which the author was paid to write?
This question touches a lot of different copyright issues; here's the basic overview (under US law) followed by how I think it applies:
(1) The author owns the copyright. If it's a work made for ...
11
votes
Accepted
Is it legal to remove a dependency with a copyleft license from a proprietary project?
Law is complicated and varies by jurisdiction. In the United States (and probably many other jurisdictions), a court generally cannot compel you to release your source code simply because you did not ...
- 35.6k
Only top scored, non community-wiki answers of a minimum length are eligible