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Re: bundling software with TSVN?

From: Keith Mason <keith.mason_at_dfa.com>
Date: Tue, 11 Mar 2008 10:42:01 -0500

Not at all. Many Linux distributions contain GPL, other open source, and
commercial software packaged together, and it's perfectly legal.

If the toolbar company themselves started shipping TSVN with their toolbar,
they are fully in their rights to do so. Shipping other people's software
(for a reasonable distribution fee) is one of the profit models supported
by the GPL. If they did so for free, no one could legally claim the cost
was unreasonable. However, they can't change TSVN without offering the
source code for the change, and if they don't change anything they must
still offer the source or point to the source at the TSVN website.

In any case, none of us would download it, because the unencumbered version
would be available on the TSVN website. That doesn't mean new TSVN users
wouldn't find the toolbar version and use it that way.

Stefan, it sounds like you really want to do this. If you did, it would
still be legal for another person to take your installer (or source) and
repackage TSVN without the toolbar. Your userbase could use the
un-toolbared version if they chose. You'd get grumbling, but the world
would go on.

As an existing user, I trust you. You consistently show good judgement in
the development of your product (even when I don't agree with you ;-). So
when you say this new toolbar isn't a bad or harmful product, I believe
you. So I don't care one way or another if you proceed with this or not.

If I were you, my concern would be the adoption of your software by new
users. The current userbase chose your software for (at least) two
reasons. 1) It is a technically superior product, and 2) It didn't come
with stuff they didn't want. If you had added the toolbar years ago, many
of the people using the product now would have chosen not to. It would be
a shame to reduce the future adoption of TSVN by new users because of the
perception that you are bundling crapware, whether the perception is true
or not.

But this is the real world. You've got to get paid. So do what you need
to do.

  -- Keith

Stefan Küng <tortoisesvn_at_gmail.com> wrote on 03/11/2008 10:14:45 AM:

> Alexander Klenin wrote:
>
> > Well, I am sorry for going off-topic, but the above statement is,
> > to the best of my knowledge, not correct.
> > The GPL does not (and does not intend to) prevent anybody from making
money
> > using others' work. In fact, any company can happily
> > distribute TortoiseSVN for a fee and build any products it wish
> > based on it.
> > The only requirement is to publish a complete source code
> > for the resulting product along with it's binary form.
> > So I am fairly confident in my basics understanding, please correct
> > me if I am wrong.
> >
> > Let me paraphrase in yet another way: what would you say if
> > the company asking you to include toolbar just did that themselves
> > and started to distribute the result?
> > Would not it be a GPL violation? I think it would.
>
> Hmm - if you put it that way, I think you're right.
>
> Stefan
>
> --
> ___
> oo // \\ "De Chelonian Mobile"
> (_,\/ \_/ \ TortoiseSVN
> \ \_/_\_/> The coolest Interface to (Sub)Version Control
> /_/ \_\ http://tortoisesvn.net
>
> [attachment "signature.asc" deleted by Keith Mason/Dfa]

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Received on 2008-03-11 16:52:29 CET

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