GPL license discussion & Blender Forks (E-Cycles or any other fork)

[StefanW]

@SavMartin

The question is, have you passed your source code to them in case someone who buys the software asks them to provide it because they are the distributors of your binary code?

Sure. If they’re also the ones who would give you a refund or warranty, then clearly they are the ones you have a legal agreement with.

Look at it this way:
Let’s say A writes a GPL program and leaves it on a USB stick in the middle of times square. Then sets their computer on fire, doesn’t have a copy of the software or the source code any more.
B picks up the USB stick.
B passes the software’s binary to C.
Under what twisted law could possibly C now be in a position to demand anything from A?
B is the person who distributed software to C. B is the one responsible for providing source code.

[Debuk]

@JuanGea

In a court morality is not on trial, but legality.

Certainly true yes, I rather meant it should be important for you. Assuming that a commercial plugins price is reasonable for the work being put into it and that its developer is respecting the GPLs rules, simply buy it if you want to use it and forget about other legal aspects. That’s also true for your freelancer friend. What we discuss here now isn’t really what the GPL wants to protect with its rules.

[LazyDodo]

@StefanW

Look at it this way:
Let’s say A writes a GPL program and leaves it on a USB stick in the middle of times square. Then sets their computer on fire, doesn’t have a copy of the software or the source code any more.
B picks up the USB stick.
B passes the software’s binary to C.
Under what twisted law could possibly C now be in a position to demand anything from A?
B is the person who distributed software to C. B is the one responsible for providing source code.

A is under no obligation from C, however unless the source was provided on the USB stick provided to B, A is still on the hook for providing source to B if/when B requests it. The fact that B is very unlikely to track A down to make this request doesn’t release A of this obligation, nor does the fact that A burned down his computer.

If B did not receive the source on the USB stick and is unsuccessful in tracking down A , he should not be in the business of distributing anything to C since C may invoke his right the get the code.

[SavMartin]

Therefore…

-Does Blender market or other software distributors have a copy of that source code?

-How long can I request the source code since I buy the binary? Does it expire?

-How many times do I have the right to claim the source code? If I lose it or can’t find it, I can never ask for it again.

[JuanGea]

@SavMartin

-Does Blender market or other software distributors have a copy of that source code?

That’s a PRETTY GOOD question…

[LazyDodo]

personal reading of it:

It’s no different than buying a pair of sunglasses, you pay the vendor they are obligated to give you sunglasses, you go back later going “I lost them” they are free to tell you to get bend.

They fulfilled their obligation by delivering once, the fact that in this case the product could be duplicated at virtually no cost does not imply any additional obligations.

as for how term limits on when you can request this, I’m going to refer you to section 6B. This is really not open to interpretation and there’s no reason to once more spell it out.

[SavMartin]

@LazyDodo

It’s no different than buying a pair of sunglasses, you pay the vendor they are obligated to give you sunglasses, you go back later going “I lost them” they are free to tell you to get bend.

They fulfilled their obligation by delivering once, the fact that in this case the product could be duplicated at virtually no cost does not imply any additional obligations.

as for how term limits on when you can request this, I’m going to refer you to section 6B. This is really not open to interpretation and there’s no reason to once more spell it out.

Okay then I understand that in view of what I have read here and the majority interpretation, the software distributor is the one who must provide the code… (at least once), no matter if you have paid for it or not…
following those premises, can I go to Blender Market or gumroad to ask for a copy of the code of something sold there with GPL license?

[LazyDodo]

@SavMartin

following those premises, can I go to Blender Market or gumroad to ask for a copy of the code of something sold there with GPL license?

I’m unfamiliar with the legal framework blender market/gumroad uses, so I am unable to say with any certainty who the parties involved are with a transaction on those sites.

You have the right to ask, whom to ask is something you’d have to sort out between, you, blendermarket/gumroad and the vendor.

[SavMartin]

I understand you, but I think we are not discussing BM or G policies here, but the rights and duties of the GPL.
I also understand that answering my question may be uncomfortable after reading the FAQ and 6d in particular. So I understand that this question remains unanswered…

[LazyDodo]

Please define “my question” I do not know what you are referring to.

[JuanGea]

According to 6D, this is a very important question…

[SavMartin]

@SavMartin

following those premises, can I go to Blender Market or gumroad to ask for a copy of the code of something sold there with GPL license?

according to GPL 6d
what do you think about this… ?
Can I do it or not?

[LazyDodo]

As long as one of the options in section 6 is satisfied it really doesn’t matter which one. You as the recipient cannot force an option, this choice up to the party that provided you a copy.

Once you have a copy of the source, you are naturally allowed to make your own choice for how you would like to implement this requirement for the people that got their copy from you.

[LazyDodo]

Given you obtained a copy from either blender market or gumroad, yes.

if not, it’s up to the party that provided you a copy if they chose to implement 6D or any of the other options in 6.

if you did not obtain a copy at all you can’t ask for code, well you can ask but whomever you ask has no obligations to give it you.

[StefanW]

@LazyDodo

Given you obtained a copy from either blender market or gumroad, yes.

That is the important part. If they didn’t provide you with the binary in the first place, they are under no obligation to give you source code.

[Jonathan]

@SavMartin

-Does Blender market or other software distributors have a copy of that source code?

Yes we do, in that we are the distribution method for the code authors to sell their add-ons. We are not modifying, sharing, or otherwise copying that code, though. For all intents and purposes we are nothing more than the distribution site that the author’s use to charge a fee for downloading. See these four FAQs from the GPL FAQs:

Does the GPL allow me to sell copies of the program for money?

Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.)

Does the GPL allow me to charge a fee for downloading the program from my distribution site?

Yes. You can charge any fee you wish for distributing a copy of the program. Under GPLv2, if you distribute binaries by download, you must provide “equivalent access” to download the source—therefore, the fee to download source may not be greater than the fee to download the binary. If the binaries being distributed are licensed under the GPLv3, then you must offer equivalent access to the source code in the same way through the same place at no further charge.

Does the GPL allow me to require that anyone who receives the software must pay me a fee and/or notify me?

No. In fact, a requirement like that would make the program nonfree. If people have to pay when they get a copy of a program, or if they have to notify anyone in particular, then the program is not free. See the definition of free software.

The GPL is a free software license, and therefore it permits people to use and even redistribute the software without being required to pay anyone a fee for doing so.

You can charge people a fee to get a copy from you. You can’t require people to pay you when they get a copy from someone else .

If I distribute GPLed software for a fee, am I required to also make it available to the public without a charge?

No. However, if someone pays your fee and gets a copy, the GPL gives them the freedom to release it to the public, with or without a fee. For example, someone could pay your fee, and then put her copy on a web site for the general public.

[SavMartin]

Do you have for example the source code of this software? or do I have to ask the author?

whit addons it is clear to me that yes.

[LazyDodo]

Did you obtain a copy of e-cycles from blender market / Matieu? if so yes, you can/should ask them it’s your right, if you however did not receive a copy from them, you have no such rights.

[SavMartin]

For sure?

[SavMartin]

maybe you should explain this then