Re: [OT?] Charging for source [was: Re: lynx-dev Lynxon Win32 - wireless version]

[Klaus Weide]

On Sat, 18 Dec 1999, brian j pardy wrote:
> On Sat, Dec 18, 1999, Klaus Weide wrote:
> > On Fri, 17 Dec 1999, David Woolley wrote:
> > > 
> > > He can also charge for the source, based on the cost of making and
> > > sending the copy, but not based on the value of the source itself.
> > 
> > In which sense do you mean "He can"?
> > 
> > 1) he is allowed to

> > If 1), I don't think there is anything to forbid charging for the source
> > "based on the value of the source itself".  Whatever that [value of the
> > source itself] means.  If you disagree, please show where it's written.
> 
> 3b) of the GPL:
> 
>   3. You may copy and distribute the Program (or a work based on it,
> under Section 2) in object code or executable form under the terms of
> Sections 1 and 2 above provided that you also do one of the following:
> 
>     [...]
> 
>     b) Accompany it with a written offer, valid for at least three
>     years, to give any third party, for a charge no more than your
>     cost of physically performing source distribution, a complete
>     machine-readable copy of the corresponding source code, to be
>     distributed under the terms of Sections 1 and 2 above on a medium
>     customarily used for software interchange; or,

Here, it is IMO clear that the hypothetical charge is not a
"charge for the source" at all.  The expression used is "give [...]
copy of the [...] source [...] for a charge".  It seems obvious that
the charge is one for the "giving", i.e., for the act of physically
transferring.  In my understanding of English, this could not be
correctly described as "charging for source".  Is my understanding
wrong?

> IANAL.  As far as I've ever understood it -- from the following
> paragraph:
> 
>   When we speak of free software, we are referring to freedom, not
>   price.  Our General Public Licenses are designed to make sure that
>   you have the freedom to distribute copies of free software (and
>   charge for this service if you wish), that you receive source code
>   or can get it if you want it, that you can change the software or
>   use pieces of it in new free programs; and that you know you can do
>   these things.
> 
> I think that says you can sell copies of free software (not sure if
> he's deliberately being vague on source/binary, but let's call it
> both) if you want, and at any charge.  

Since it is unspecific regarding source or binary, it has got to apply
to both.

> *But*, in conjunction with 3b
> above, if you're selling the binary, you can't charge an additional
> amount for the source, other than a nominal fee for the physical
> transference.  That's how I've always parsed it internally.

The "you can't charge..." applies only to *that* source distribution
which the *written offer* of 3b) is offering.  It doesn't apply at all
to someone whose obligations under Section 3 are fulfilled by 3a) or 3c).
Even if your choice for fulfilling Section 3 obligations is 3b), I don't
see thats it's forbidden to have other source distributions in addition,
with or without charge, high or low (the gold-plated special edition for
$10000, etc).

Nitpicking?
Yes.  But these licensing topics necessarily are, aren't they?

   Klaus