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Java Forum / General / May 2007

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JBoss

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sebek - 17 May 2007 09:52 GMT
Hi,
can I use JBoss AS and Seam commercial?

Thanx!
Philipp Taprogge - 17 May 2007 10:06 GMT
Hi!

> Hi,
> can I use JBoss AS and Seam commercial?

I don't know if you /can/, that depends on your skill and
requirements ;-)

Ff you are referring to the license however, that is not a problem.
the JEMS is released under the LGPL, allowing you to even modify it
for a commercial product.

Regards,

    Phil
Arne Vajhøj - 19 May 2007 20:52 GMT
> can I use JBoss AS and Seam commercial?

Yes.

It is open source.

Arne
Philipp Taprogge - 20 May 2007 00:08 GMT
Hi!

> Yes.
>
> It is open source.

opensource != free for all...

Please keep in mind that many open source projects, namely those released
under terms of the GPL, can _not_ be freely used in commercial products.
Since JBoss is released under LGPL terms, this is not an issue here, though.

Regards,

    Phil
Arne Vajhøj - 20 May 2007 01:25 GMT
>> Yes.
>>
>> It is open source.
>
> opensource != free for all...

open source == free for all

> Please keep in mind that many open source projects, namely those released
> under terms of the GPL, can _not_ be freely used in commercial products.

It most certainly can.

Indeed RMS and FSF would encourage it.

But I know what you mean - code "linked" to GPL code becomes
automatically covered by GPL and that is unacceptable for almost
all commercial products.

But the GPL code is available for commercial usage.

If you check the definition for open source you will find:

"6. No Discrimination Against Fields of Endeavor

The license must not restrict anyone from making use of the program in a
specific field of endeavor. For example, it may not restrict the program
from being used in a business, or from being used for genetic research."

Link: http://www.opensource.org/docs/osd

Arne
Tom Hawtin - 20 May 2007 03:39 GMT
> But I know what you mean - code "linked" to GPL code becomes
> automatically covered by GPL and that is unacceptable for almost
> all commercial products.

Not true, AFAIK. IANAL. If you break the terms of the GPL, you just
break the terms of the GPL. You get flamed of slashdot lots. That may or
may not be a big deal to you. You may then have further legal
proceedings against you. However, AFAIK, code linked to GPL and
published remains your code. I am not a lawyer.

Tom Hawtin
Arne Vajhøj - 20 May 2007 04:25 GMT
>> But I know what you mean - code "linked" to GPL code becomes
>> automatically covered by GPL and that is unacceptable for almost
[quoted text clipped - 5 lines]
> proceedings against you. However, AFAIK, code linked to GPL and
> published remains your code. I am not a lawyer.

It remains your code, but you have implicit released
it under GPL.

http://www.fsf.org/licensing/licenses/gpl-faq.html#IfLibraryIsGPL

Arne
Arne Vajhøj - 20 May 2007 04:47 GMT
>>> But I know what you mean - code "linked" to GPL code becomes
>>> automatically covered by GPL and that is unacceptable for almost
[quoted text clipped - 10 lines]
>
> http://www.fsf.org/licensing/licenses/gpl-faq.html#IfLibraryIsGPL

I don't think the "piracy license" (this program contains
code distributed in violation of the GPL license, so the
rules of the GPL license does not apply) will work very well.

Arne
Tom Hawtin - 20 May 2007 05:26 GMT
>>>> But I know what you mean - code "linked" to GPL code becomes
>>>> automatically covered by GPL and that is unacceptable for almost
[quoted text clipped - 10 lines]
>>
>> http://www.fsf.org/licensing/licenses/gpl-faq.html#IfLibraryIsGPL

"If a library is released under the GPL (not the LGPL), does that mean
that any program which uses it has to be under the GPL?
    "Yes, because the program as it is actually run includes the library."

Well, the GPL license says it has to be released under GPL, but you can
break the GPL license.

> I don't think the "piracy license" (this program contains
> code distributed in violation of the GPL license, so the
> rules of the GPL license does not apply) will work very well.

You can still prosecute other people for infringing your copyright if
you yourself infringe copyright. I don't think there is any problem with
that at all. IANAL.

Tom Hawtin
Arne Vajhøj - 20 May 2007 14:23 GMT
>>>>> But I know what you mean - code "linked" to GPL code becomes
>>>>> automatically covered by GPL and that is unacceptable for almost
[quoted text clipped - 25 lines]
> you yourself infringe copyright. I don't think there is any problem with
> that at all. IANAL.

You don't think there is a problem with:
1) copyright violation
2) the fact that either your code code in the product is GPL or the
   the end users does not have a valid license for the GPL library code
?

Arne
Tom Hawtin - 20 May 2007 15:20 GMT
> You don't think there is a problem with:
> 1) copyright violation
> 2) the fact that either your code code in the product is GPL or the
>    the end users does not have a valid license for the GPL library code
> ?

There is a problem with this statement:

   "But I know what you mean - code "linked" to GPL code becomes
automatically covered by GPL and that is unacceptable for almost
all commercial products."

The problem is that it is incorrect. Code "linked" to GPL code does
*not* become automatically covered by GPL.

I am not a lawyer.

Tom Hawtin
Arne Vajhøj - 20 May 2007 16:36 GMT
>> You don't think there is a problem with:
>> 1) copyright violation
[quoted text clipped - 10 lines]
> The problem is that it is incorrect. Code "linked" to GPL code does
> *not* become automatically covered by GPL.

Either it does or you violate the GPL license and thereby violate
copyright and your customers do the same.

Arne
Philipp Taprogge - 20 May 2007 19:19 GMT
Hi!

>    "But I know what you mean - code "linked" to GPL code becomes
> automatically covered by GPL and that is unacceptable for almost
> all commercial products."
>
> The problem is that it is incorrect. Code "linked" to GPL code does
> *not* become automatically covered by GPL.

No, it does not. However, something very similar happens. The GPL requires you
to release your code linking to the GPL'ed code only under terms of the GPL.
So you can use GPL'ed code and then keep your work for yourself, use it
in-house or whatever. The moment you give it away to a third party, however,
the terms of the GPL apply, forcing you to release your "derived work" under
terms of the GPL yourself.
If you release your derived work under terms more restrictive that the GPL,
thus violating it's terms, you automagically lose your license to the GPL'ed
part of your work. This means plain and simple, that you may not release your
product at all without infringing the original author's copyright.

Lie it or loathe it, that's how the GPL sees things work.

Regards,

    Phil
~kurt - 20 May 2007 07:26 GMT
> Not true, AFAIK. IANAL. If you break the terms of the GPL, you just
> break the terms of the GPL. You get flamed of slashdot lots. That may or
> may not be a big deal to you. You may then have further legal
> proceedings against you. However, AFAIK, code linked to GPL and
> published remains your code. I am not a lawyer.

Nvidia has been linking to the Linux kernel (GPL'ed) with closed source
code for ages now.  I think the problem with enforcing such a thing is,
if given the choice between not supplying the module, or open sourcing
their code, they would probably choose to just not open source their
code.

- Kurt
Arne Vajhøj - 20 May 2007 14:26 GMT
>> Not true, AFAIK. IANAL. If you break the terms of the GPL, you just
>> break the terms of the GPL. You get flamed of slashdot lots. That may or
[quoted text clipped - 7 lines]
> their code, they would probably choose to just not open source their
> code.

The question about non-GPL Linux kernel modules has been discussed
a lot.

Many think that it is a violation of GPL, but due to the fact
that it is a gray area, the Linux community really want
the drivers and that Linus has always argued a
liberal interpretation of GPL then it has been allowed to go on.

I would not automatically assume that would apply to more
classic library usage.

Arne
Philipp Taprogge - 20 May 2007 19:14 GMT
Hi!

> Nvidia has been linking to the Linux kernel (GPL'ed) with closed source
> code for ages now.

No it has not.
Nvidia uses a lightweight wrapper that is open source and links against the
kernel. This wrapper in turn uses nvidias closed source libs to do it's stuff.
That's how they try to get _around_ the GPL requirements. Whether or not this
is legal is still subject to some debate within the kernel community

The important thing, however, is why they do this:
Nvidia knows full well that code linking against GPL'el code has to be
released under the terms of the GPL as well (or not at all).
That's why you can not use GPL'ed code in any serious product, because
marketing a product (as opposed to marketing a service as MySQL, JBoss or
RedHat do) almost always means closed sources.

We must, however, keep two things separate: using (linking to) GPL'ed code is
one thing, using a GPL'ed software as part of a business environment is
something else.
You certainly can /use/, say, a MySQL database with a closed source enterprise
application that in turn is running in open source JBoss. What you /cannot/ do
is embed a MySQL /into/ your closed source application.

Regards,

    Phil
Lew - 20 May 2007 19:33 GMT
> That's why you can not use GPL'ed code in any serious product, because
> marketing a product (as opposed to marketing a service as MySQL, JBoss or
> RedHat do) almost always means closed sources.

I wouldn't include MySQL in this list.  By some accounts the only legal way to
use it in commercial projects is to use their non-GPL, for-pay license.

In any event, I don't see how MySQL markets a service so much as they market a
product suite.

Also in any event, there are better open-source DMBSes about that do not
present any license conundrums.  Personally I think MySQL is not good.  Use
Postgre or Derby or Oracle or DB2.

Signature

Lew

Philipp Taprogge - 20 May 2007 19:37 GMT
Hi!

> I wouldn't include MySQL in this list.  By some accounts the only legal
> way to use it in commercial projects is to use their non-GPL, for-pay
> license.

That heavily depends on what you mean by "use". If you "use" the DB to store
your application's data via JDBC (which is LGPL) or similar, you can use the
GPL'ed version.
If you use their api or embed the database itself into a commercial product,
you are screwed...

> Also in any event, there are better open-source DMBSes about that do not
> present any license conundrums.

Absolutely, but regardless of whether one includes MySQL in the above list, my
original point remains valid.

Regards,

    Phil
Mark Thornton - 20 May 2007 22:02 GMT
> Hi!
>
[quoted text clipped - 7 lines]
> If you use their api or embed the database itself into a commercial product,
> you are screwed...

The MySQL JDBC driver is GPL licensed NOT LGPL, so you can't base a non
GPL commercial product on using that driver. On the other hand end users
can use it with a non GPL product.

Mark Thornton
Philipp Taprogge - 20 May 2007 23:13 GMT
Hi!

> The MySQL JDBC driver is GPL licensed NOT LGPL, so you can't base a non
> GPL commercial product on using that driver. On the other hand end users
> can use it with a non GPL product.

You are right, of course. It was the MM MySQL driver that was/is LGPL.

Regards,

    Phil
Arne Vajhøj - 20 May 2007 20:50 GMT
>> That's why you can not use GPL'ed code in any serious product, because
>> marketing a product (as opposed to marketing a service as MySQL, JBoss or
[quoted text clipped - 3 lines]
> way to use it in commercial projects is to use their non-GPL, for-pay
> license.

That is just FUD from them.

> In any event, I don't see how MySQL markets a service so much as they
> market a product suite.

http://www.mysql.com/products/enterprise/support.html

"MySQL Enterprise includes 24x7 Production Support that helps you
deliver continuous availability for your production database
applications. MySQL Production Support gives you priority access with
fast response times to assist you with the development, deployment and
management of your MySQL applications. MySQL Enterprise gives you the
flexibility to choose a service level (Basic, Silver, Gold, Platinum)
that matches your requirements"

I think that is what they make money on.

Arne
~kurt - 20 May 2007 20:03 GMT
> No it has not.
> Nvidia uses a lightweight wrapper that is open source and links against the
> kernel. This wrapper in turn uses nvidias closed source libs to do it's stuff.
> That's how they try to get _around_ the GPL requirements. Whether or not this
> is legal is still subject to some debate within the kernel community

I realize this, but in the end it all links as one application, which,
according to the GPL the last time I read it, means it is in violation
of the GPL.  I really thought much of the wrapper was necessary to allow
the user to build a module that would load for the large variety and versions
of kernels out there (every time I change my kernel, I need to rebuild
the Nvidia driver).  I didn't think it was meant as a way to sidestep the
license - I could be wrong on that, of course.

There was a push by some of the Linux kernel developers recently to modify
Linux so that it would not only warn the user that "dirty" code was being
loaded (as it does now), but disable that code after a certain period of time
(I think it was a year).  Linus stepped in and basically told him his
kernel was not going to be used to further their own "political" views
on how software should be licensed.

- Kurt
~kurt - 20 May 2007 07:20 GMT
> Please keep in mind that many open source projects, namely those released
> under terms of the GPL, can _not_ be freely used in commercial products.

This is simply not true.  If you intend to use a GPL'ed library, and link to
it, then yes, you must GPL your code to comply with the license.  It can still
be freely used in commercial products.  This is why most libraries use
the LGPL which does not require this.

> Since JBoss is released under LGPL terms, this is not an issue here, though.

I have never used JBoss - but, as an application server, is it used as
a library that links to your code?  I doubt it.  Therefore, it would not
matter if it was released under LGPL or GPL.  You could use it commercially
for whatever purpose you want.

- Kurt
Philipp Taprogge - 20 May 2007 19:26 GMT
Hi!

>> Please keep in mind that many open source projects, namely those released
>> under terms of the GPL, can _not_ be freely used in commercial products.
>
> This is simply not true.  If you intend to use a GPL'ed library, and link to
> it, then yes, you must GPL your code to comply with the license. It can still
> be freely used in commercial products.

That's what I meant by "freely". You can, of course, build a product on top of
GPL'ed code, but since this forces you to release the source code of that
product along with the binaries, you'll have a hard time selling that product.
Can be done, but not without some difficutlies.

>  This is why most libraries use the LGPL which does not require this.

It is indeed.

> I have never used JBoss - but, as an application server, is it used as
> a library that links to your code?  I doubt it.  Therefore, it would not
> matter if it was released under LGPL or GPL.  You could use it commercially
> for whatever purpose you want.

Not true. First of all, JBoss is LGPL, so the whole discussion is virtual.
However...
Let's assume for a moment that JBoss were GPL'ed code. Then you could
certainly still use it as an application server, deploying your custom webapp
to it.
What you could /not/ do, is modify the JBoss itself, adding custem components
and then selling this modified JBoss as your own, closed source appserver.
That's what the GPL implies.
The same applies if you build a webapp that includes some jboss classes
directly (i.e. not via a open API like javax.ejb.* or similar). As soon as any
class in your application import something like org.jboss.whatever.class, your
app becomes a "derived work" of that library as defined in the GPL.

Regards,

    Phil
~kurt - 20 May 2007 19:52 GMT
> What you could /not/ do, is modify the JBoss itself, adding custem components
> and then selling this modified JBoss as your own, closed source appserver.

I never said you could.  I believe we are using the word "use" differently.
When I say use, I'm not talking about incorporating it into my own code.

- Kurt
Philipp Taprogge - 20 May 2007 23:15 GMT
Hi!

>> What you could /not/ do, is modify the JBoss itself, adding custem components
>> and then selling this modified JBoss as your own, closed source appserver.
>
> I never said you could.  I believe we are using the word "use" differently.
> When I say use, I'm not talking about incorporating it into my own code.

I see you don't. But that's just the problem with this license issue. It all
depends on what you mean by "use" and the OPs initial question did not make
that clear.

Regards,

    Phil


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