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Qt-interest Archive, October 2007
QT License & Open Source


Message 1 in thread

Curious,

The licensing with QT can be so very confusing in some situations. And there 
is one thing that I'm not sure on....

I'm interested in developing a small in-house QT application using the open 
source version. The source code & executable wouldn't be distributed outside 
the company. Meaning, the application would only be used within the company 
and stay within the company only. Being that this is the case, if this 
application is not to be distributed outside the company, would a company 
need to purchase a QT license?

I could understand that a license would be necessary if a QT application was 
going to be distrusted OUTSIDE of the company. But, if QT was used to make a 
small application that is only to be used privately within a company, does 
the company need to purchase a QT license?

To me, the QT license seems quite vague on this.

Some feedback would be great!

Jason 


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Message 2 in thread

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Jason wrote:
> I could understand that a license would be necessary if a QT application was 
> going to be distrusted OUTSIDE of the company. But, if QT was used to make a 
> small application that is only to be used privately within a company, does 
> the company need to purchase a QT license?
> 
> To me, the QT license seems quite vague on this.

Its not that vague (No):
http://trolltech.com/developer/knowledgebase/190

Anyway how would you make certain the source code wasn't distributed
outside the company?  When the receptionist asks for a copy of the
source code under the GPL, you'd have to give it to them and they could
give it to anyone they like.

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Jonathan Brady
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Message 3 in thread

On Wednesday 31 October 2007 11:02:42 Jonathan Brady wrote:
> Anyway how would you make certain the source code wasn't distributed
> outside the company?  When the receptionist asks for a copy of the
> source code under the GPL, you'd have to give it to them and they could
> give it to anyone they like.

As it has been pointed out on many GPL discussion groups, while a possible 
scenario, unfortunately it is not really likely in the real world as your 
receptionist could get fired (not for the request per se, but who wants to be 
in bad relations with his employer ?). But I agree that the cleanest solution 
(especially on the long term) is to have a commercial license and no worries 
for either party.

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Message 4 in thread

> Anyway how would you make certain the source code wasn't distributed
> outside the company?  When the receptionist asks for a copy of the
> source code under the GPL, you'd have to give it to them and they could
> give it to anyone they like.

I don't like getting involved in these discussions, but I don't agree with this
statement.

For example, look at ZeroC's statement regarding Ice, another dual license GPL
released project: http://zeroc.com/licensing.html

In their case, entity refers to a "corporation", not an individual user.  I think
Trolltech makes that distinction in intent, as they are talking to an individual
"user" and not a corporate entity.  However, the GPL, as best as I can tell, just
refers to "you", without regard to individual or other entity.

So in my opinion it really boils down to the interpretation of the license.  TT says
"no you can't" and ZeroC says "yes you can (with certain limitations)", both for the
same license.  Only one of them can be right, no?

I think the wording of TT's answer is vague enough that you could get away with it. 
If you are a corporation working on a project in house, then you haven't release it
under ANY license.  If and when you do, then that's another issue, but as long as
it's internal it doesn't have to have a license.  It's not been distributed to
anyone, except perhaps other employees who are also working on it.  In this case, it
certainly seems like it fits the GPL definition just fine, as long as you interpret
the entity the GPL is talking to as the corporation and not the individual users.

And to note, I've had a Qt license for many years now and we do almost 100% solely
internal development.

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Message 5 in thread

Hi,

[Disclaimer: I'm not a lawyer, nor do I work for Trolltech.]


On Wednesday 31 October 2007, Jason wrote:
> The licensing with QT can be so very confusing in some situations. And
> there is one thing that I'm not sure on....

Well, licensing has a tendency to be confusing... ;-)

> I'm interested in developing a small in-house QT application using the
> open source version. The source code & executable wouldn't be distributed
> outside the company. Meaning, the application would only be used within
> the company and stay within the company only.

This is what you often think with "small" applications. Think ahead! The 
application might prove useful enough to grow and then useful enough to 
distribute.

It is my experience that some applications quickly develop a life of their 
own and can grow from about 100 lines of script code to 100 000 lines of 
C++ code within a few years and change from being a little personal helper 
to being one of the most sought after tools in an industry. Chances are it 
won't happen to your project, but don't bet on it.

> Being that this is the 
> case, if this application is not to be distributed outside the company,
> would a company need to purchase a QT license?

Depends.

First it depends on the interpretation of "distribute" in the GPL: while the 
FSF interprete it as meaning "from one private person to the next or 
outside a company", as far as I remember Trolltech (and many others) take 
it literally and it means "from any natural person to another regardless of 
work relationships". So you better ask Trolltech sales/legal whether this 
is still the case.

(Side note: although the GPL itself has been proven to be fully court proof, 
this particular interpretation has not been clarified - and it probably 
never will, since many projects now switch to GPLv3 which makes this aspect 
very clear.)

Second it depends on whether you mind distributing your own source under GPL 
(or a GPL-compatible license). If you don't: go ahead use the Open Source 
version of Qt. If you do: better be safe and get a commercial license 
before you start developing.

If something important depends on this application I would recommend to buy 
a license anyway, you'll need good support and the commercial licenses come 
with nearly direct contact to the developers (at least for the tricky cases 
the support team involves the developers).




	Konrad

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Message 6 in thread

>
> This is what you often think with "small" applications. Think ahead! The 
> application might prove useful enough to grow and then useful enough to 
> distribute.
>
> It is my experience that some applications quickly develop a life of their 
> own and can grow from about 100 lines of script code to 100 000 lines of 
> C++ code within a few years and change from being a little personal helper 
> to being one of the most sought after tools in an industry. Chances are it 
> won't happen to your project, but don't bet on it.
>
>   
Exactly!  This is what happened to me.  Fortunately, I had decided to
purchase the commercial license and built my application suite with it. 
(http://www.gemacs.com/cem/index.php).  It became a highly sought after
product in my industry (electromagnetic analysis) and generated
significant revenue for several years.

Six years later I sold my company (including this product) to my present
employer for 1,000X what that license cost.

YMMV, but even a very small company should have the funds to invest in a
Qt license.  Feel free to tell them my story.  That may convince them
that the risk is worth the potential reward.

Buddy Coffey
Applied Research Associates
Computational and Applied Electromagnetics

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Message 7 in thread

> Depends.
>
> First it depends on the interpretation of "distribute" in the GPL: while the 
> FSF interprete it as meaning "from one private person to the next or 
> outside a company", as far as I remember Trolltech (and many others) take 
> it literally and it means "from any natural person to another regardless of 
> work relationships". So you better ask Trolltech sales/legal whether this 
> is still the case.
>   
 Internal distribution of software inside a corporate environment 
requires no license.  If it did, that would mean simply by working some 
place you would have a perpetual license to any internal work based on 
GPL code that has never been distributed outside of the company.  
Distribution happens when the recipient requires a license to use the 
software without committing copyright infringement.   If I write a 
script for Joe down the hall using some GPL perl modules on my machine, 
the GPL is NOT activated.  Joe doesn't have the right to now start 
distributing that script on his personal website.

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Message 8 in thread

Hi,

still IANAL.

Axiom 1: It does not need to be logical to be (il)legal.

On Wednesday 31 October 2007, Matt Chambers wrote:
>  Internal distribution of software inside a corporate environment
> requires no license. 

Wrong. You underestimate the reach of copyright. At least as far as I know 
German and American copyright, it defines that every act of copying is 
prohibited without license except for a few cases of "fair use" 
(German: "Schrankenregelungen"). At least in the German Urheberrecht 
distribution within a company is not fair use (every copying that you need 
to execute a program is allowed, and backup is allowed too).

BTW: how do you explain "per seat" licenses in the corporate world if 
distribution within a company needs no (additional) license?

The more interesting question is: how do you interprete the GPL in this 
regard?

> If it did, that would mean simply by working some 
> place you would have a perpetual license to any internal work based on
> GPL code that has never been distributed outside of the company.

In theory: yes. 

Practicly you are in a kind of bind: on one side you probably have a work 
contract that stipulates that you keep company internal "stuff" secret and 
on the other hand you have a GPL that could be interpreted to force the 
internal work based on GPL code to be under GPL too. 

Under this strict interpretation of the GPL you could say that the company 
has no legal way to give you the software and keep it secret too.

> Distribution happens when the recipient requires a license to use the
> software without committing copyright infringement.  

A "recipient" always needs a license in order to not infringe a copyright 
(except if the copyright has already expired).

> If I write a 
> script for Joe down the hall using some GPL perl modules on my machine,
> the GPL is NOT activated.  Joe doesn't have the right to now start
> distributing that script on his personal website.

I think this notion could be contested. If it ever came before a court I 
would not want to bet on one outcome or the other.

But as I mentioned in my other mail: GPLv3 solves this problem by explicitly 
defining distribution inside a company as outside its scope.




	Konrad

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