On Saturday 02 April 2005 06:31, Srinivasan Krishnan wrote:

JT,

While we've discussed this earlier, I'd like your view on the following, from the DansGuardian website:

<snip> For all non-commercial[1] use DansGuardian 2 can be downloaded under the GPL. For all non-commercial use I grant the end-user permission to download DansGuardian 2. Upon your downloading of DansGuardian 2 for non-commercial use I license it under the GPL.

For all commercial[2] use, upon your downloading, DansGuardian 2 is licensed under the GPL, however permission to download DansGuardian from this, or any mirror[3], website is restricted.

Ya! I read this earlier. And it's a very red herring. Once you have a gpld copy you can do exactly as you please including selling it COMMERCIALLY. Downloading from HIS website or the mirrors which have similiar restrictions may not be allowed (BW costs money). But I can setup a mirror with a gpld copy and offer it for money (or gratis) to all and sundry. The para below is clear as smoke glass. And you are partly correct in that the bugfixes are paid for downloads. But once you get em they are gpld as it is very obviously a derivate of gpld software. So distribute to your hearts content.

The restrictions on the downloading for commercial use are that you may only download it once for free. This will enable you to try out the software before making a decision to purchase a commercial licence to download it. In order to download updates, bug fixes, etc, you must purchase a download licence.

</snip>

Based on your interpretation (which I believe to be correct), how does he get away with this? The only thing I can think of is that the changes, bug fixes etc. that he mentions are not GPL'd and will not be posted for free download. Which again is probably not a huge deal even for a non-programmer, since they would generally be rolled into the next release.

ALL bugfixes of gpld software are automatically derived works (you cant have a bug fix standing by itself) and the gpl applies automatically. If he gives you a copy (It is perfectly legal to not give any one a copy eg. google uses modified gnu stuff but does not distribute it to any one) you can freakout with it .

Also, if for commercial use DansGuardian gets licenced under the GPL on the first download, I should be able to make and dstribute (sell, give away, whatever) as many copies as I wish. Then where do his stated restrictions on commercial use apply?

There is no restriction. Like I said this is a red herring and the author cannot take legal action.

...

So buy one "commercial" copy and copy and sell to hearts content. When you buy support you will get access to a fast server and / or email / phone support so that you can patch and maintain the stuff better. You can then make copies of the patch ad nauseum and offer the same to your clients.

This licence seems funny to me. Is there more to this than is obvious?

Nope. Just smoke and mirrors to trick the less informed into making a purchase.

rgds jtd