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Q: Providing a For Profit service that uses GPL software. ( No Answer,   6 Comments )
Question  
Subject: Providing a For Profit service that uses GPL software.
Category: Computers > Software
Asked by: motorbikematt-ga
List Price: $5.00
Posted: 02 Jun 2005 01:07 PDT
Expires: 02 Jun 2005 15:33 PDT
Question ID: 528456
Hi there, 

I am interested in knowing if a For-Profit company may sell analytical
results from programs that are covered by the GPL or LGPL.

To provide an explanatory hypothetical situation, let's imagine a GPL
program, "RootSquare", that is capable of calculating square-roots
very quickly and precisely. However, RootSquare is not user friendly
and therefore not many people use it, despite its value. The problem
is that Joe Schmoe cannot invest the time to learn how to install,
setup, and use RootSquare

A For-Profit company, "SmartNerds INC.", has a bunch of smart nerds
who know how to use the RootSquare program very well. Moreover,
SmartNerds INC. knows a lot of people willing to pay them for the
square roots of their special numbers.

So to ask my question again, but framed in this hypothetical example:
Does the GPL prohibit SmartNerds INC. from selling the results of the
"RootSquare" program?

***
I have read the GPL and other resources online, and I do not see good
answer for this scenario. To be clear, SmartNerds INC is NOT CODING
any software, is NOT selling hardware, and is NOT selling advice on
how to use RootSquare. SmartNerds INC. is ONLY selling the results
from the RootSquare program and perhaps an explanatory text on how
their result was determined. Lastly, SmartNerds INC has no
relationship to the creators of RootSquare

Thanks!

Matt
Answer  
There is no answer at this time.

Comments  
Subject: Re: Providing a For Profit service that uses GPL software.
From: bozo99-ga on 02 Jun 2005 05:36 PDT
 
FSF says GPL s/w may be used for any purpose, including commercial.
The only restrictions the GPL places on your conduct involve you
distributing the s/w.

http://www.fsf.org/licensing/essays/free-sw.html
Subject: Re: Providing a For Profit service that uses GPL software.
From: barchibald-ga on 02 Jun 2005 08:26 PDT
 
Absolutely!  An analogous example would be writing a book on an
open-source word-processing software and then selling it.  The GPL'd
license of the word processor would not extend to my book.

For another example, I use open-source software to maintain my
code-base for software.  But...having done that and even though it is
critical element to my own software's development, the software I
develop is not bound by the GPL license of the source-control system.

The GPL covers modifications of the source and licenses that cover a
redistribution of the software.

Your activities - as described above - are clearly not infringing on
the letter or the spirit of the GPL.
Subject: Re: Providing a For Profit service that uses GPL software.
From: motorbikematt-ga on 02 Jun 2005 09:32 PDT
 
Ok, two  postive responses.. but I am not sure if the answer is yet
here (though bozo99's answer may be worth the 5 bucks)

To address bozo99 (though I have not fully read the FSF site), can you
quote the verbiage that would permit SmartNerds INC to sell the
results of RootSquare's analysis (an arguement for which this belongs
to the orignal author I could imagine)?

However, to address barchibald, I am not sure, YET, if I agree that a
word processor would be analogous. If a book were written in Microsoft
Word, they wouldn't have any claim to your book, either. I am not sure
if that analogue is correct due to a function of the GPL, or general
copyright or other Intellectual property rules.

In my example, RootSquare does a very specilized function that
SmartNerds INC. did not create, add upon, or modify. SmartNerds INC.
only knows how to use the program and wants to sell this expertise as
a service. Granted, this seems to have an obvious answer, however, I
am looking for the text that offers this release...I cannot find it in
the GPL (HOWEVER, I am no legal expert, so perhaps  if someone just
cut and pasted the specific line and explained it, that may suffice)

Thanks
Subject: Re: Providing a For Profit service that uses GPL software.
From: motorbikematt-ga on 02 Jun 2005 10:41 PDT
 
>(an arguement for which this belongs to the orignal author I could imagine)?

Whoa, sorry for the Yoda-speak there.

The concern here is that the square-root analysis and the method
employed by RootSquare is not brain child of SmartNerds INC, but of
the original Author. To bring in a little reality to this discussion,
SmartNerds INC is very interested in supporting and propagating the
use of open-source software for certain kinds of analyses. The problem
is, that some 'open-source' warez have specific licenses for different
end-users (i.e. commericial versus educational, academic, &
government, etc.)

Granted, the original author has released all claims to profit by
going GPL, and SmartNerds INC strongly desires to fullly acknowledge
the author and contribuitors, but as a ForProfit company, SmartNerds
INC is also interested in making as much money as reasonably possible.
Subject: Re: Providing a For Profit service that uses GPL software.
From: bozo99-ga on 02 Jun 2005 13:01 PDT
 
Your question was about GPL and LGPL.

Those licences apply equally to any users and any purpose for those
that choose to accept them - government, commercial whatever.  I find
the FSF page linked to quite unambiguous and anyone having trouble
with that won't be invited to find my square roots.

Studying a range of other licences is obviously a different question. 
There was a different licence with "your own use is OK, but no
providing this as consultancy" sort of licence with the TIS FWTK for
instance.
Subject: Re: Providing a For Profit service that uses GPL software.
From: motorbikematt-ga on 02 Jun 2005 15:30 PDT
 
Ok, fair enough, bringing up commercial vs gov't in the context of GPL
& LGPL is too broad.

Having now read the FSF site bozo99 sent, I think it is pretty clear
that SmartNerds Inc. is free to do what it wants with free software
that is under the GPL.

Thanks for your help!

Matt

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