[gnu.org #16347] Re: [Phpgroupware-developers] phpGroupWare - Possible License Breach

[Bradley M. Kuhn]

[ PHP Groupware Developers:

  Please keep the "[gnu.org #16347]" line in the subject line of all your
  correspondence with <address@hidden>.  This is an internal
  tracking number for this GPL violation for FSF, and will help us keep
  the correspondence organized here internally at FSF. ]

Dan Kuykendall wrote:

> I called the company last night and talked to their developer (I didnt
> get his name). He indicated that he has done many improvements in
> several apps and intends to release the source of his changes in
> accordance with the GPL. He also indicated that they have written new
> apps and it is his desire to have those released under the GPL as well.
>
> He told me he was having this discussion with his management and should
> have things worked out soon.
>
> So far I can only assume that they will work with us in good faith and
> that the project will benefit from their help. So we should all step
> back and allow them the time they need to work out the issues and
> release the source to us. I dont know what kind of time frame would be
> considered too long, but certainly giving them a month or so seems
> reasonable to at least be able to get an update on their progress.

Dan, you made the right move from FSF's point of view.  We work on about
fifty GPL violation cases each year, and we always begin by assuming good
faith and negotiating openly.  I do urge you to keep detailed notes and to
get specific names of people you talk to and when.  We'd further
appreciate if you'd send such info along to <address@hidden>
(with the subject line as described).


There is not too much FSF can do to assist you since we are not a
copyright holder of PHP Groupware (according to our records).  Dan and I
spoke at length about the possibility of assigning PHP Groupware copyright
to FSF a year or two ago, but that process eventually became stalled.

The FSF does this sort of enforcement on behalf GNU developers all the
time when we hold copyright.  Our legal standing to assist is tightly
limited without copyright assignment.  Nevertheless, we will provide as
much tactical support as we can.  David Turner, our GPL Compliance
Engineer assigned to this case (and who sees this correspondence to
<address@hidden>), will help you as much as he is able.

If you'd like at this time to begin the process of copyright assignment to
FSF (even if only a few of the many PHP Groupware developers wish to
assign part of the copyright), we could do that.  Once the paperwork of
just one assigning developer is signed, we could join you as partners in
your enforcement work and bring our extensive experience in these types of
negotiations to the table.

Of course, it's your call.  Let us know which of the various avenues of
help that I've offered you'd like to pursue.


Finally:

> 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.

Dan's statement here is basically correct.  However, in cases like this,
where we are concerned about licensing problems (for example, we have even
dealt with the "per server" licensing question Dave Hall is worried about
here), we do attempt to find some existing customers and ask them if they
received source or an offer therefor.  Furthermore, when things seem
shady, we do ask immediately and frankly for the company to show us the
full text of all licensing documents shipped with the product.  Dan, I
encourage you to request that from this company and to pass along their
answer to us.


--
Bradley M. Kuhn, Executive Director
Free Software Foundation   |  Phone: +1-617-542-5942
59 Temple Place, Suite 330 |  Learn more about FSF and how you can help:
Boston, MA 02111-1307  USA |  http://svcs.affero.net/rm.php?r=bkuhn&p=FSF

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