Contractors and open source software

Mark Waddingham mark at livecode.com
Wed Sep 5 01:33:31 EDT 2018


On 2018-09-05 01:07, Mark Talluto via use-livecode wrote:
> I had to work through a contract recently. This particular section was
> interesting. Thought I would share it here. I changed the organization
> name to [company] to protect this well respected entity.
> 
> I can understand their view on the use of open source software. What
> are your thoughts?
> 
> - - -
> Public Software. Contractor will inform [company] in advance of
> incorporating any open source software into deliverables or services
> provided to [company] under this Agreement, provide [company] with an
> analysis of alternative options that do not include open source
> software, and will proceed with the use of open source software only
> to the extent of [company]’s written consent. To the extent Contractor
> incorporates permitted open source software into products or services
> provided to [company] under this Agreement such open source software
> (and/or Contractor’s inclusion thereof) will not require any software
> developed or delivered under the Agreement to be disclosed or
> distributed in source code form or made freely available to others.
> - - -

Sounds like a perfectly reasonable clause which is more protection for 
you than the contractor.

Basically it ensures that the Contractor will do necessary due diligence 
on the software licenses attached to any source-code they incorporate 
into the project being worked on to ensure that:

   (a) you as the contractee are happy with using said software under its 
published terms and are willing to abide by them (for MIT / BSD, that 
just means an 'open source licenses' file, which you need to one of 
anyway, as that is part of the commercial license terms of LiveCode).

   (b) will not let you get into a situation where source-code has been 
incorporated which means that you entire project must be released under 
some open source license.

Put another way the contractor is saying that:

   1) They will notify you of any parts which could be done using open 
source software, and with other options so you have choice

   2) They will not consider viral open source licenses (e.g. GPL) as 
being suitable for inclusion

LiveCode's licensing is pretty straightforward:

If you have a commercial license you have the right to use a downloaded 
distribution in any way which does not contravene the commercial license 
terms.

If you do not have a commercial license then you must be using the 
Community version, which is licensed under the GPL - which is viral - 
meaning that any software you create with it must also be distributed 
under GPL terms.

The two variants are, however, completely incompatible in terms of 
licensing - you can't take parts of (GPL licensed!) community and use 
them with commercial as that would mean your combined work would end up 
being GPL, but the commercial part is not, so you cannot distribute 
(which is a side-effect of the clauses in the GPL).

Specific example - you cannot take parts of (GPL Licensed, LiveCode Ltd. 
Copyrighted) source code, recompile and use with commercial - even if 
you have a commercial license. That requires a specific commercial 
source-code license for those particular parts (something which we will 
always consider on a case-by-case basis - although generally not for 
zero cost).

Warmest Regards,

Mark.

-- 
Mark Waddingham ~ mark at livecode.com ~ http://www.livecode.com/
LiveCode: Everyone can create apps




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