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GPL'ing CP article code

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  • M Marc Clifton

    So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

    Thyme In The Country
    Interacx
    My Blog

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    Lost User
    wrote on last edited by
    #5

    First, ask him if he'll pay you money for using the code commercially. :) Who knows, you might get lucky.

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    • L Lost User

      First, ask him if he'll pay you money for using the code commercially. :) Who knows, you might get lucky.

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      originSH
      wrote on last edited by
      #6

      This is Code Project, not Rent-A-Coder.

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      • M Marc Clifton

        So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

        Thyme In The Country
        Interacx
        My Blog

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        Matthew Faithfull
        wrote on last edited by
        #7

        No, I don't think he can or should GPL your library as you didn't. The code is without doubt in the public domain as it's been posted on CP. If you didn't attach any licensing conditions then he can construe any usage to be 'fair usage'. I think the only enforcable right you have left is the right to be recognised as the author, anything else you would have to put before a court unless he's in agreement. If it was me I'd get him to attach a simple 'This code was placed in the public domain by the author, Marc Clifton, who hereby waives all other rights to it other than the absolute and exclusive right to be recognised as the author' type of statement and leave it at that. That way even if he modifies it he just becomes a contributor to/editor of your work and gains no rights over it, but it doesn't stop him altering or using it. Somewhere down the line it may have been modified to such an extent that your one claim is no longer reasonable or enforceable but then it's only fair if it's removed if that much work has been done by others on the lib that it is unrecognisable. Just my opinion of course which carries no legal weight :-D

        Nothing is exactly what it seems but everything with seems can be unpicked.

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        • M Marc Clifton

          So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

          Thyme In The Country
          Interacx
          My Blog

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          leppie
          wrote on last edited by
          #8

          No, all he does is compile your code as a dll and put your original license in the 'credits'. For modifying it, the code should stay under the same license.

          **

          xacc.ide-0.2.0.74 - now with C# 3.5 support!

          **

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          • L Lost User

            First, ask him if he'll pay you money for using the code commercially. :) Who knows, you might get lucky.

            S Offline
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            Sathesh Sakthivel
            wrote on last edited by
            #9

            Here in Codeproject Everything is Free.

            Regards, Satips.:rose:

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            • M Marc Clifton

              So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

              Thyme In The Country
              Interacx
              My Blog

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              peterchen
              wrote on last edited by
              #10

              IANRS, but as I understand the GPL, your code would have to be "GPL compatible" to be incorporated into a GPLed product. The problem is: for linking your code as a lib into his application, you would have to publish the library under the LGPL, and nothing else. LGPL seems to be an acceptable licence, but still a PITA infected by religion, and has terms that are incompatible with most commercial use. So you make one happy, and alienate others. If your licence is 'weaker' (i.e. not prohibiting source distribution etc.), I *think* he can use it. Your choice. Don't starve a lawyer, ask him. GPL compatibility of various licenses[^]


              We are a big screwed up dysfunctional psychotic happy family - some more screwed up, others more happy, but everybody's psychotic joint venture definition of CP
              My first real C# project | Linkify!|FoldWithUs! | sighist

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              • M Marc Clifton

                So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

                Thyme In The Country
                Interacx
                My Blog

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                Craster
                wrote on last edited by
                #11

                My understanding is that whatever he chooses to do with your code re changing or licensing, it won't affect any licensing you choose to put in place on your own code. It's a bit of a bad faith exercise for him to license a copy of your code in a more restrictive manner than you have, but anyone who wants to use the code could just come and get your copy from here and use it. I'd say personally, let him do what he wants with the code, as long as he attributes you as the original author, and references the location of the code on CP for anyone who wants to get access to the original source. In my view the above would be a sensible blanket license for all code posted on CP.

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                • S Sathesh Sakthivel

                  Here in Codeproject Everything is Free.

                  Regards, Satips.:rose:

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                  Lost User
                  wrote on last edited by
                  #12

                  So, whoever posts a project on CP has to agree that the project is going to be "free"? If so, shouldn't this agreement be bound to some kind of license specification? Because "free" doesn't quite sound very complete to me. There area a lot of lawyers out there who could prove that "free" is actually "not free". Don't ask me how they do it, but I've seen it done.

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                  • C Craster

                    My understanding is that whatever he chooses to do with your code re changing or licensing, it won't affect any licensing you choose to put in place on your own code. It's a bit of a bad faith exercise for him to license a copy of your code in a more restrictive manner than you have, but anyone who wants to use the code could just come and get your copy from here and use it. I'd say personally, let him do what he wants with the code, as long as he attributes you as the original author, and references the location of the code on CP for anyone who wants to get access to the original source. In my view the above would be a sensible blanket license for all code posted on CP.

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                    peterchen
                    wrote on last edited by
                    #13

                    Well, he basically asked Marc to change the licence to his liking.. :~


                    We are a big screwed up dysfunctional psychotic happy family - some more screwed up, others more happy, but everybody's psychotic joint venture definition of CP
                    My first real C# project | Linkify!|FoldWithUs! | sighist

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                    • L Lost User

                      So, whoever posts a project on CP has to agree that the project is going to be "free"? If so, shouldn't this agreement be bound to some kind of license specification? Because "free" doesn't quite sound very complete to me. There area a lot of lawyers out there who could prove that "free" is actually "not free". Don't ask me how they do it, but I've seen it done.

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                      originSH
                      wrote on last edited by
                      #14

                      In most countries copyright will automatically applied to what you right and you are the owner. In that case anyone needs specific permission to use your work. If you put a specific license on your work then that will normally cover who is allowed to use your work and in what situations. Personally I like the Public Domain license as it means anyone can use your work however they want, as long as they don't try to put thier own license on it.

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                      • P peterchen

                        Well, he basically asked Marc to change the licence to his liking.. :~


                        We are a big screwed up dysfunctional psychotic happy family - some more screwed up, others more happy, but everybody's psychotic joint venture definition of CP
                        My first real C# project | Linkify!|FoldWithUs! | sighist

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                        Craster
                        wrote on last edited by
                        #15

                        Hmm - I'm not sure he did. Reading the comment, I think he's saying "I want to license the code under the GPL, but if you one day change your license to one that is not GPL compatible, I'm in trouble". I don't think he's asking Marc to change the license, I think he's asking Marc to commit to not changing the license to one that would cause his downstream code to violate the GPL. If that makes any sense at all.

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                        • S Sathesh Sakthivel

                          Here in Codeproject Everything is Free.

                          Regards, Satips.:rose:

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                          P Offline
                          peterchen
                          wrote on last edited by
                          #16

                          That's the spirit, not the law. CodeProject allows each author to tack on his own license. So you will find various licenses, even very restrictive ones. When you want to use code from one of the articles, it is your job to verify you are allowed to for your particular use.


                          We are a big screwed up dysfunctional psychotic happy family - some more screwed up, others more happy, but everybody's psychotic joint venture definition of CP
                          My first real C# project | Linkify!|FoldWithUs! | sighist

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                          • C Craster

                            Hmm - I'm not sure he did. Reading the comment, I think he's saying "I want to license the code under the GPL, but if you one day change your license to one that is not GPL compatible, I'm in trouble". I don't think he's asking Marc to change the license, I think he's asking Marc to commit to not changing the license to one that would cause his downstream code to violate the GPL. If that makes any sense at all.

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                            DavidNohejl
                            wrote on last edited by
                            #17

                            Craster wrote:

                            If that makes any sense at all.

                            That line would make great sig! :-D


                            "Throughout human history, we have been dependent on machines to survive. Fate, it seems, is not without a sense of irony. " - Morpheus "Real men use mspaint for writing code and notepad for designing graphics." - Anna-Jayne Metcalfe

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                            • T Tim Carmichael

                              As I read GPL, you are giving up the rights to your code; as the author, you should be able to control its usage. If someone wants to relase a project under GPL, before using another's code, they should ensure that the author agrees with GPL licensing. Otherwise, as stated, it may be "thoroughly disappointing". This situation reminds me of a housing development under way not too far from me; the developer cleared the land, installed decoractive fencing, painted it, started building signage for the subdivision, then approached the county about permits. He stated, "Oh, I didn't know I needed these permits..." Do the homework BEFORE starting the project. Tim

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                              David Crow
                              wrote on last edited by
                              #18

                              Tim Carmichael wrote:

                              "Oh, I didn't know I needed these permits..."

                              Or he could have been asking after-the-fact intentionally.


                              "A good athlete is the result of a good and worthy opponent." - David Crow

                              "To have a respect for ourselves guides our morals; to have deference for others governs our manners." - Laurence Sterne

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                              • M Marc Clifton

                                So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

                                Thyme In The Country
                                Interacx
                                My Blog

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                                M Offline
                                markkuk
                                wrote on last edited by
                                #19

                                Marc Clifton wrote:

                                And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL.

                                FSF has published a list of GPL-compatible licenses[^].

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                                • D David Crow

                                  Tim Carmichael wrote:

                                  "Oh, I didn't know I needed these permits..."

                                  Or he could have been asking after-the-fact intentionally.


                                  "A good athlete is the result of a good and worthy opponent." - David Crow

                                  "To have a respect for ourselves guides our morals; to have deference for others governs our manners." - Laurence Sterne

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                                  originSH
                                  wrote on last edited by
                                  #20

                                  Classic quote: "It's easier to ask forgiveness than permission" Of course this doesn't hold true with the law :P

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                                  • O originSH

                                    In most countries copyright will automatically applied to what you right and you are the owner. In that case anyone needs specific permission to use your work. If you put a specific license on your work then that will normally cover who is allowed to use your work and in what situations. Personally I like the Public Domain license as it means anyone can use your work however they want, as long as they don't try to put thier own license on it.

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                                    Lost User
                                    wrote on last edited by
                                    #21

                                    Yes, but I was asking about what happens once the project is on CP.

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                                    • M Marc Clifton

                                      So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

                                      Thyme In The Country
                                      Interacx
                                      My Blog

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                                      Sebastian Schneider
                                      wrote on last edited by
                                      #22

                                      Well, first, he cannot "GPL" your code if you did not put it under the GPL. You, as the author, define the code's license. So, either you put it under the GPL or maybe LGPL (and all is fine), or you follow the Trolltech-approach (saying, basically, "GPLed for non-commercial applications only"). If you don't want to give up your control over the code, you cannot GPL/LGPL it - and he is bound to be disappointed. And, whatever you do, choose GPLv2 over GPLv3....

                                      Cheers, Sebastian -- "If it was two men, the non-driver would have challenged the driver to simply crash through the gates. The macho image thing, you know." - Marc Clifton

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                                      • C Craster

                                        Hmm - I'm not sure he did. Reading the comment, I think he's saying "I want to license the code under the GPL, but if you one day change your license to one that is not GPL compatible, I'm in trouble". I don't think he's asking Marc to change the license, I think he's asking Marc to commit to not changing the license to one that would cause his downstream code to violate the GPL. If that makes any sense at all.

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                                        peterchen
                                        wrote on last edited by
                                        #23

                                        Hmm.. the article he refers to doesn't even state a license, so the guy might just have asked about the license as such.


                                        We are a big screwed up dysfunctional psychotic happy family - some more screwed up, others more happy, but everybody's psychotic joint venture definition of CP
                                        My first real C# project | Linkify!|FoldWithUs! | sighist

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                                        • M Marc Clifton

                                          So, I got this email a little bit ago: Hi Marc, Just curious as to what your current arrangements are regarding the source code you've provided together with some of your articles on CodeProject, and how they've been licensed. I'm currently using parts of your TcpLib code in my application, which I was planning to license under the GPL. Now, of course, I'm not going to license your code under the same license without first asking how you plan to license your own code - I don't particurly mind what you choose, provided it's compatible with the GPL; if it isn't, that would be thoroughly disappointing for me. What's your opinion? If he modifies the code, can/should he GPL it? What does "modify" mean? Replacing a tab with 5 spaces? And what does "compatible with GPL mean"? There isn't much that's compatible with GPL, IMO, except maybe LGPL. Since the TcpLib stuff is a "lib", maybe I should tell him to use LGPL for that part? Marc

                                          Thyme In The Country
                                          Interacx
                                          My Blog

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                                          JimmyRopes
                                          wrote on last edited by
                                          #24

                                          I hate to play devil's advocate but does your authorizing the use of your code library constitute an endorsement of the product? :confused: If so, does that leave you open to be named in litigation should this product do financial harm to a user of the software? :confused: I would think twice about putting my name, as a contributer, on a commercial product, or code that can be freely used in a commercial product, that I had no control over. :doh: Compounded by the fact that you will receive no compensation for your efforts it would be putting yourself in harms way without any reward. X| At the very least include something like the disclaimer listed below copied from a header file written by Dr Brian Gladman. I personally would strengthen the disclaimer to include wording something like the following. "The software is provided "as is" without warranty or condition of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, correctness, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the software remains with you." As with any commercial business venture, and you are part of a business venture if you authorize the use of your software in a commercial product, it would be prudent to consult a lawyer specializing in contract law. :~ Run it by your new business partners if they would be willing to, at the very least, compensate you for your legal fees. :rolleyes: Good luck if you choose to proceed with this new business venture. :omg: ========================================================================== Copyright (c) 2002, Dr Brian Gladman, Worcester, UK. All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder's name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which ca

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