From: Pascal J. Bourguignon on
Nicolas Neuss <lastname(a)kit.edu> writes:

> Raffael Cavallaro <raffaelcavallaro(a)pas.espam.s.il.vous.plait.mac.com>
> writes:
>
>> Using them would place their employer or the commercial organization
>> to which they belong under the obligation of publishing all of the
>> source code for any released product that included your library. As a
>> result, most people working on commercial published software, or who
>> contemplate doing so in the future, simply avoid gpl libraries
>> altogether.
>
> Here is a question which I find rather interesting: Is in-house use of
> GPLed software allowed? It is quite clear that using GPLed software by
> a single developer to run a commercial web server for example is
> allowed. But in the case of multiple developers inside a company one
> could either argue that the company operates as an entity, or
> alternatively that the company by letting one of their developers
> combine GPLed software with their own product is forced to give her/him
> the whole software under GPL.

In-house use would be outside of the scope of the GPL, since no
"distribution" would occur.

A more interesting question would be what happens with respect to
holdings, and the daughter companies. In this case, I would argue
distribution occurs (invoicing would have to occur legally AFAIK), and
therefore GPL would apply. Which doesn't mean that YOU would get access
to the code of course, only that the daughter company who buys it from
another daughter company would get it (and be able to hire YOU instead
of the sister company if them need a patch and the sister is unable or
unwilling to provide it).


--
__Pascal Bourguignon__
From: Nicolas Neuss on
pjb(a)informatimago.com (Pascal J. Bourguignon) writes:

> In-house use would be outside of the scope of the GPL, since no
> "distribution" would occur.

This means that in-house "distribution" to employees would not count as
distribution in the GPL sense. OK, this might indeed be the most
reasonable point of view.

Nicolas
From: John Hasler on
Raffael Cavallaro writes:
> Using them would place their employer or the commercial organization
> to which they belong under the obligation of publishing all of the
> source code for any released product that included your library.

They are not required to publish it. They are merely required to
distribute it along with the binaries. If you offer source to everyone
to whom you sell binaries you are done.

> As a result, most people working on commercial [closed source]
> published software, or who contemplate doing so in the future, simply
> avoid gpl libraries altogether.

And that's fine, just as it is fine that some of us avoid non-free
libraries because source is not available or the terms are too
restrictive.

Nicolas writes:
> Here is a question which I find rather interesting: Is in-house use of
> GPLed software allowed?

Yes.

> But in the case of multiple developers inside a company one
> could either argue that the company operates as an entity...

It does.
--
John Hasler
jhasler(a)newsguy.com
Dancing Horse Hill
Elmwood, WI USA
From: Pascal J. Bourguignon on
Nicolas Neuss <lastname(a)kit.edu> writes:

> pjb(a)informatimago.com (Pascal J. Bourguignon) writes:
>
>> In-house use would be outside of the scope of the GPL, since no
>> "distribution" would occur.
>
> This means that in-house "distribution" to employees would not count as
> distribution in the GPL sense. OK, this might indeed be the most
> reasonable point of view.

Yes, definitely.

First, the most efficient companies won't have any "distribution". The
new software would be instealled on the file server, and everybody
could use it from here.

And even in the less efficient companies, employees don't install
softwarem (it's the job of the IT jockeys).

--
__Pascal Bourguignon__
From: Raffael Cavallaro on
On 2010-03-21 11:22:57 -0400, John Hasler said:

> They are not required to publish it. They are merely required to
> distribute it along with the binaries. If you offer source to everyone
> to whom you sell binaries you are done.

In practice this amounts to publication. Every customer would receive
the source; every customer has the right to make it public; it would
only take one customer excercising this right to make the source
publicly available.



--
Raffael Cavallaro