Open Source Licensing Issues

[jerdoggmckoy]

What is the name of your state (only U.S. law)? Colorado

Hey everyone! I am just trying to get a little clarification on a project I am working on. I am using an open source version of an online product. My business plan includes me essentially distributing this open source software as my own product. (why don't I just build my own version you ask? I did, it was costly, and someone provided me with another companies stolen work, so I've been set back, and this is the quickest recovery solution).

The software is distributed under the Open Source License v3.0 which can be viewed here: opensource.org/licenses/osl-3.0.php

What I am trying to figure out, after reading through that license many, many times, is the interpretation of this statement:

"Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work."

My question would be, if someone signed up on my website for the service we provide; the services we include are a bundle of services which are our own, however, one of the services provided is this open source software. Could I just provide a down loadable link within the terms of service we right that a user has to click on when signing up? You know, those long terms that no one ever scrolls down to read, but yet just clicks, yes, I have read and understand these terms? =)

Thanks in advance for anyone that can provide me with a little direction in this matter.

 

[jerdoggmckoy]

I'm just adding a quick message to make sure that I'm subscribed to this thread.

 

[FlyingRon]

If you are just using the software on your site, you don't really need to do anything. Only software you DISTRIBUTE (sell, give away, provide with some service), has the requirements. You can use a section of the website provided that your customers will have access to it throughout the required period (three years if I recall) even if they stop paying you for whatever other service.

 

[jerdoggmckoy]

Thanks Ryan, however, that WOULD typically be the case, as it's a common loophole found in GNL open source license : Open Source Initiative OSI - The GPL:Licensing | Open Source Initiative

But the Open Source License Version 3.0 was created to cover up that loophole which states

"5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c)."

I have no problem providing the source code, but I am required, even if it is provided as "software as a service" to provide original source, as in this license, that's still classified as distribution. I just need to know what is required of me to comply with the terms "Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work."

I mean, do I have to place a giant icon on my site giving away the free code? Do I have to create a menu navigation link? Or can I do what I'm hoping to be able to do, and just provide a link within the terms of service the customer signs when the join my services? And with that said, my intentions are to place it in the middle of those terms, strategically placed where they would only see it if they actually did do what THEY say they are doing, and that's reading the terms of service. Does that make sense?

 

[FlyingRon]

I'll assume it applies to you, but without you actually telling me what you are doing I can't say.

If it applies, you must make the license and where to get the source known to people. Generally, you'd just stick it in whatever license or terms of use you have on your site. The key is that you have to allow people to access the code even if you stop offering them the other services. Generally, you can put it up on a page that doesn't require login, or on an ftp or other server, etc... that isn't contingent on ongoing paid or other discretionary access.

 

[jerdoggmckoy]

For those of you reading this thread, I would be happy to hear if anyone has an opinion that either reinforces what my new friend Ron here is saying, or provides alternate advice. There is wisdom in the multitude of counsel.

FlyingRon, thank you so much for your help in this matter. We have an open source software that we are using to provide a service to our customers. Included with service are the following:

The Open Source Software
The Hosting
The Software security measures
Marketing Assistance

We are charging a certain fee for these services. The open source element is the foundation for the entire package, as in, the package would not be in demand without the open source version we are using. My plan is to make the original source code available by providing a link within our terms of service that can be viewed at any time publicly on our website by going directly to the terms of service page.

So based on your last comment, I am presuming that my plan stated above should suffice?

Thanks again, and have a VERY MERRY CHRISTMAS!!!

 

[vwood]

"Free to use" at the extreme?

I think I understand GPL to be "free to use", and that even applies to most commercial situations except selling the software as your own. So jerdog here is running a service which operates mostly on GPL software, including linux, SQL, and other stuff and he's "free to use" the software for his commercial offering. His service may utilize the software any way imagineable, but he just can't re-package it for re-sale and pretend it's his own creation.

At the extreme, if could one run the largest commercial websites (for example: search engines, online auctions, music & book sales, etc) on GPL & LGPL software, make billions of dollars, and owe nothing. One could start up a hedge fund with strategies designed in R using ANN algorithms fed with data stored in MySQL, execute FIX trades from MarketCetera, make billions of dollars, and owe: nothing. One could sell the resulting corporation for billions to VCs or in an IPO.

One couldn't sell the software separately. One would have to credit the particular OpenSource projects used and provide source code on demand. That's it? That's my interpretation of "free to use", but with the "commercial use" exception it's hard to believe that's actually correct.

Is that right?

Or does the act of signing up users or taking on investors count as "external deployment"?

 

[ecmst12]

Don't hijack other people's threads, and don't necro-post.