Re: [Phpgroupware-developers] phpGroupWare - Possible License Breach

[Brian Johnson]

I'm no lawyer and don't know all of the details of the GPL - but taking a wait 
and
see approach for now (for a couple of weeks) would seem wise

Give them some time and wait to see how they respond - and try not to escalate 
the
concern in the meantime



Dan Kuykendall (address@hidden) wrote*:
>
>I think you need to slow down a bit Dave.
>
>Dave Hall wrote:
>> Hi,
>>
>> My name is Dave Hall and I am the Release Coordinator and a developer of
>> the gnu package phpGroupWare. We have become aware of a possible breach
>> of the GPL.
>
>We have no evidence that they will not follow the rules of the GPL/LGPL
>in the case of phpGroupWare. The only thing we can tell is that it
>appears that they are selling a version of phpGroupWare which is
>perfectly legal and fine.
>
>> A company based in India, called TechnoInfosys is distributing a product
>> called "Webbased Groupware", which appears to be phpGroupWare.  The
>> promo page on their website makes no mention of phpGroupWare.  See
>> http://www.technoinfosys.com/products/webbased_groupware.html
>
>Yes it appears to be phpGroupWare from my review as well.
>
>> I have made contact with the company about the product using their
>> contact us form on their website (see
>> http://www.technoinfosys.com/contact_us/contact_us.html), posing as a
>> prospective client. They responded in around 2 hours to this enquiry.
>> Their response is attached.
>
>Since you acted as a client I do not see why they would have responded
>any differently.
>
>> After receiving a quote I became suspicious of their per server
>> licensing model. I emailed them informing them of their obligations
>> under the GPL and requesting a copy of the source. They have not
>> responded to my request.  This is also attached.
>
>Again, since you came to them like a client then they rightfully gave
>you the quote you asked for. There is no issue in the GPL that would
>prevent them from charging on a per server licensing model. Nothing at
>all. The only requirement is that they must provide the source code to
>their version for free or for a nominal shipping/handling fee.
>
>They are allowed to charge whatever their customers are willing to pay
>for it and there is no obligation I am aware of that they must advertise
>that its based on Free Software or that they will provide the source
>code upon request.
>
>However, if we request the source for what they are distributing and
>they deny the request then we will have a valid violation to be
>concerned about and which will require more agressive discussion.
>
>In the mean time we must deal with them in good faith and with the
>assumption that they will cooperate with us. It is important that we act
>on our best behavior in these situations because it could otherwise
>reflect badly on Free Software as a whole. We must not discourage
>companies from attempting to make a profit on Free Software so long as
>they follow the licensing and hopefully contribute back to the common good.
>Remember that Free Software is Free as in freedom not free beer.
>
>
>> This matter has generated a lot of discussion between phpGroupWare
>> developers on #phpgroupware.
>
>Much of it needless I assume at this point :-)
>
>> What steps should we take now?
>
>I would prefer to take over this situation, since I am the official
>Spokesperson for phpGroupWare. I am confident that everything will be
>resolve amicably.
>
>> Looking forward to your response
>:-p
>
>Dan Kuykendall
>
>>
>> Dave Hall (aka skwashd)
>> Release Coordinator
>> phpGroupWare
>>
>>
>> ------------------------------------------------------------------------
>>
>> Subject:
>> Re: Fw: Groupware details
>> From:
>> address@hidden
>> Date:
>> Tue, 07 Jan 2003 10:39:26 +1100
>> To:
>> address@hidden
>>
>>
>> Hi Sanjay,
>>
>> My name is Dave Hall I am one of the phpGroupWare developers. I have
>> spent some time looking through the description of the groupware product
>> you offer. I noticed that it looks an awful lot like phpGroupWare.
>> phpGroupWare is licensed under the General Public License (GPL).
>>
>> In accordnace with the relevant sections of the GPL i ask that you
>> provide me with a copy of the modified source code. I would also like
>> to seek clarification in regards to the License that you apply to the
>> product you distribute.
>>
>> I would also like to extend an invitation to you (and others at
>> techinfosys) to participate in the development of phpGroupWare. I would
>> also ask that you consider making some donation to the project.
>>
>> I look forward to your response.
>>
>> Cheers
>>
>> Dave Hall (aka skwashd)
>> Stable Release Coordinator
>> phpGroupware
>>
>> ----- Original Message -----
>> From: Julie Tisdale <address@hidden>
>> Date: Monday, January 6, 2003 4:56 pm
>> Subject: Fw: Groupware details
>>
>>
>>>forward - original mail:
>>> From address@hidden
>>> Date 06/01/2003 - 04:42:38 pm
>>> Subject Groupware details
>>>
>>>
>>>>Hi Julie Tisdale,
>>>>
>>>>Thankyou for your interest in TechnoInfosys products.
>>>>
>>>>I hope you might have seen the detailed of the product on our
>>>
>>>website.>
>>>
>>>>We can give you a detailed and more clearer screen shots of the
>>>
>>>product.>Alternatively once you are through with the visual demo,
>>>we can talk for
>>>
>>>>the trial version.
>>>>
>>>>The product is priced at US dollar USD $1150
>>>>
>>>>Products is licenced per server, unlimited users.
>>>>
>>>>Looking forward for your response.
>>>>
>>>>Thanking you warm regards,
>>>>
>>>>Sanjay Gurav
>>>>COO
>>>>TechnoInfosys
>>>>
>>>>
>>>>
>>>>
>>>>-----------------------------------------
>>>>This email was sent using TechnoInfosys LA Mail Solution.
>>>>http://www.technoinfosys.com/
>>>>
>>>>
>>>>
>>>>
>>>
>>>
>>> ------------------------------------------------------------------------
>>>
>>> Subject:
>>> Groupware details
>>> From:
>>> address@hidden
>>> Date:
>>> Mon, 06 Jan 2003 06:36:12 +0000 (GMT)
>>> To:
>>> address@hidden
>>>
>>>
>>>Hi Julie Tisdale,
>>>
>>>Thankyou for your interest in TechnoInfosys products.
>>>
>>>I hope you might have seen the detailed of the product on our website.
>>>
>>>We can give you a detailed and more clearer screen shots of the product.
>>>Alternatively once you are through with the visual demo, we can talk for
>>>the trial version.
>>>
>>>The product is priced at US dollar USD $1150
>>>
>>>Products is licenced per server, unlimited users.
>>>
>>>Looking forward for your response.
>>>
>>>Thanking you warm regards,
>>>
>>>Sanjay Gurav
>>>COO
>>>TechnoInfosys
>>>
>>>
>>>
>>>
>>>-----------------------------------------
>>>This email was sent using TechnoInfosys LA Mail Solution.
>>>http://www.technoinfosys.com/
>>>
>>>
>>>------------------------------------------------------------------------
>>>
>>>_______________________________________________
>>>Phpgroupware-developers mailing list
>>>address@hidden
>>>http://mail.gnu.org/mailman/listinfo/phpgroupware-developers
>
>
>
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