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Publishing a fixed commercial module for free - is this ethical?

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10 Apr 2008, 18:18
#1
jaycode avatar

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Publishing a fixed commercial module for free - is this ethical?

Hi all, especially to you who understands GPL stuff.

I am on a dillema here, check on this post:
http://www.zen-cart.com/forum/showpost.php?p=538350&postcount=12

:frusty:I was hot headed back then and decided to give away the module, but now that I am cooling off I started to think if what I did was ok according to GPL & ethical issue

Do you think it is ethical for me to publish that module, keeping in mind that I have edited more than 20% part of the module? If it is not, would an administrator please remove that post?

Please reply if you have any thought, there are already some users responding to that post.

Thanks

10 Apr 2008, 19:15
#2
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Re: Publishing a fixed commercial module for free - is this ethical?

It is my understanding that anything that's GPL can be given away or sold at will. ie: There is nothing in the GPL that prevents someone from buying a GPL product, and then giving it away for free, with or without making any changes to it.

So, legally speaking, there's nothing wrong.

As far as ethics are concerned, that's open to anyone's interpretation. If you're just giving it away without making changes, I can see the original author/publisher being a little ticked, but it happens.

However, if you've changed significant amounts of code, whether fixing bugs, adding improvements, customizing it to suit certain needs, etc, then there's really no major problem ethically or legally, as long as you do give credit to the original author(s), ie: retaining original copyright notices (and adding your own is permissible as well, as long as originals are retained).

That's my view, anyway. Others may have a different take on it.

10 Apr 2008, 21:45
#3
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Re: Publishing a fixed commercial module for free - is this ethical?

Did you read the GPL carefully?
How did you buy a GPL software anyway? I can understand if you paid someone to code it.

10 Apr 2008, 22:20
#4
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Re: Publishing a fixed commercial module for free - is this ethical?

If you build a module that works with Zen Cart and it uses any of our functions/classes or code then the module has to use the GNU/GPL because Zen Cart is GPL. If you were to build a totally original module that did not touch any of our code and only interacted with the database then the module could be released under a different yet compatible license.

The mod in question was sold under a different license though probably it should be under the GPL. So - I am not a lawyer, but ethically, I feel that you are in the right by releasing your fixed code under the GPL. However, the person you bought from could try to take you to court. If that was to happen I'd contact the Free Software Foundation because I think they'd go after the seller.

Please note: Any code built for Zen Cart really should be uploaded to the Zen Cart Downloads section so that it will always be available.

11 Apr 2008, 00:56
#5
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Re: Publishing a fixed commercial module for free - is this ethical?

I see, so it is not a wrong thing to do huh? Thanks Kim for taking the time to review the code along with original one.

Thanks for all your opinion guys!

@yellow1912: GPL software could be sold, as I have heard, but the license would prevent you from having the monopoly power over them, meaning people may go ahead and make changes and / or releasing the module

12 May 2008, 17:43
#6
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Re: Publishing a fixed commercial module for free - is this ethical?

Kim:

If you build a module that works with Zen Cart and it uses any of our functions/classes or code then the module has to use the GNU/GPL because Zen Cart is GPL. If you were to build a totally original module that did not touch any of our code and only interacted with the database then the module could be released under a different yet compatible license.

The mod in question was sold under a different license though probably it should be under the GPL. So - I am not a lawyer, but ethically, I feel that you are in the right by releasing your fixed code under the GPL. However, the person you bought from could try to take you to court. If that was to happen I'd contact the Free Software Foundation because I think they'd go after the seller.

Please note: Any code built for Zen Cart really should be uploaded to the Zen Cart Downloads section so that it will always be available.

Could you please be a little more specific about third party code interaction with zencart and how it makes that software GPL even if the author of the third party software has issued it under a different (closed) license?

Specifically, if the third party software adds only one line of code to a zencart file, application_top.php, to function with zencart, does that mean that no matter what the author wants or says, that software is automatically GPL since it interacts directly with zencart?

Thanks for your insight.

28 May 2008, 16:44
#7
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Re: Publishing a fixed commercial module for free - is this ethical?

lankeeyankee:

Could you please be a little more specific about third party code interaction with zencart and how it makes that software GPL even if the author of the third party software has issued it under a different (closed) license?

Specifically, if the third party software adds only one line of code to a zencart file, application_top.php, to function with zencart, does that mean that no matter what the author wants or says, that software is automatically GPL since it interacts directly with zencart?

Thanks for your insight.

... would all templates built for Zen Cart be included as GPL then?

12 Jun 2008, 17:26
#8
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Re: Publishing a fixed commercial module for free - is this ethical?

shrimp-gumbo-mmmhhh:

... would all templates built for Zen Cart be included as GPL then?
according to what Kim said, yes, since all templates obviously interact with ZC core code. :-)

12 Jun 2008, 17:32
#9
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Re: Publishing a fixed commercial module for free - is this ethical?

... would all templates built for Zen Cart be included as GPL then?

Well ... not exactly. The php code inside a template is GPL, but the images can be copyrighted and can be licensed exclusively or non-exclusively and can have restrictions on redistribution.

12 Jun 2008, 17:43
#10
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Re: Publishing a fixed commercial module for free - is this ethical?

This is an ongoing issue not only with Zen Cart but all of the Open Source scripts and those that "Sell" their own modifying code for them.

Some of the templates have caveats on the graphics and this crosses another legal line - and as most of us are not attorneys and each infraction or suspected infraction is most likely unique, and pat answer is probably not forth coming.

Selling additions to GNU stuff is allowed but the redistribution of it is the gray area and or taking it, modifying it and then either selling it or making it available at large is also a gray area.

Today, anyone can litigate for almost any reason against another.

16 Sep 2008, 21:30
#11
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Re: Publishing a fixed commercial module for free - is this ethical?

This is an old posting, but it is exactly my question and the issue is still in the gray area... I saw a commercial redistribution of ZenCart, which includes a full localization. They say it has full coverage; not only the translation but also fixes on currency/taxes/cities etc. I guess they have the right to sell ZenCart this way, but here is my question: what happens I purchase this distribution from them, change a line and release it for free (leaving their changes in the package, of course)? Are the users (and me!), who will get this distribution, going to be troubled by some sort of legal problems?

Thanks in advance!

16 Sep 2008, 22:19
#12
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Re: Publishing a fixed commercial module for free - is this ethical?

what happens I purchase this distribution from them, change a line and release it for free (leaving their changes in the package, of course)? Are the users (and me!), who will get this distribution, going to be troubled by some sort of legal problems?

Zen Cart is released under the GNU/GPL and while they have the right to attempt to sell a specialized package, they CAN NOT change the license or restrict the license in any way.

As such, you have the right to purchase a package and redistribute it.