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Re: [Phpgroupware-developers] phpGroupWare - Possible License Breach


From: Dan Kuykendall
Subject: Re: [Phpgroupware-developers] phpGroupWare - Possible License Breach
Date: Wed, 08 Jan 2003 08:54:41 -0800
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.2) Gecko/20021126

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 Kuykendall

Dan Kuykendall wrote:
I think you need to slow down a bit Dave.

Dave Hall wrote:

Hi,

My name is Dave Hall and I am the Release Coordinator and a developer of
the gnu package phpGroupWare. We have become aware of a possible breach
of the GPL.


We have no evidence that they will not follow the rules of the GPL/LGPL in the case of phpGroupWare. The only thing we can tell is that it appears that they are selling a version of phpGroupWare which is perfectly legal and fine.

A company based in India, called TechnoInfosys is distributing a product
called "Webbased Groupware", which appears to be phpGroupWare.  The
promo page on their website makes no mention of phpGroupWare.  See
http://www.technoinfosys.com/products/webbased_groupware.html


Yes it appears to be phpGroupWare from my review as well.

I have made contact with the company about the product using their
contact us form on their website (see
http://www.technoinfosys.com/contact_us/contact_us.html), posing as a
prospective client. They responded in around 2 hours to this enquiry.
Their response is attached.


Since you acted as a client I do not see why they would have responded any differently.

After receiving a quote I became suspicious of their per server
licensing model. I emailed them informing them of their obligations
under the GPL and requesting a copy of the source. They have not
responded to my request.  This is also attached.


Again, since you came to them like a client then they rightfully gave you the quote you asked for. There is no issue in the GPL that would prevent them from charging on a per server licensing model. Nothing at all. The only requirement is that they must provide the source code to their version for free or for a nominal shipping/handling fee.

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.

However, if we request the source for what they are distributing and they deny the request then we will have a valid violation to be concerned about and which will require more agressive discussion.

In the mean time we must deal with them in good faith and with the assumption that they will cooperate with us. It is important that we act on our best behavior in these situations because it could otherwise reflect badly on Free Software as a whole. We must not discourage companies from attempting to make a profit on Free Software so long as they follow the licensing and hopefully contribute back to the common good.
Remember that Free Software is Free as in freedom not free beer.


This matter has generated a lot of discussion between phpGroupWare
developers on #phpgroupware.


Much of it needless I assume at this point :-)

What steps should we take now?


I would prefer to take over this situation, since I am the official Spokesperson for phpGroupWare. I am confident that everything will be resolve amicably.

Looking forward to your response

:-p

Dan Kuykendall


Dave Hall (aka skwashd)
Release Coordinator
phpGroupWare


------------------------------------------------------------------------

Subject:
Re: Fw: Groupware details
From:
address@hidden
Date:
Tue, 07 Jan 2003 10:39:26 +1100
To:
address@hidden


Hi Sanjay,

My name is Dave Hall I am one of the phpGroupWare developers. I have
spent some time looking through the description of the groupware product
you offer. I noticed that it looks an awful lot like phpGroupWare.
phpGroupWare is licensed under the General Public License (GPL).

In accordnace with the relevant sections of the GPL i ask that you
provide me with a copy of the modified source code. I would also like
to seek clarification in regards to the License that you apply to the
product you distribute.

I would also like to extend an invitation to you (and others at
techinfosys) to participate in the development of phpGroupWare. I would
also ask that you consider making some donation to the project.

I look forward to your response.

Cheers

Dave Hall (aka skwashd)
Stable Release Coordinator
phpGroupware

----- Original Message -----
From: Julie Tisdale <address@hidden>
Date: Monday, January 6, 2003 4:56 pm
Subject: Fw: Groupware details


forward - original mail:
From address@hidden
Date 06/01/2003 - 04:42:38 pm
Subject Groupware details


Hi Julie Tisdale,

Thankyou for your interest in TechnoInfosys products.

I hope you might have seen the detailed of the product on our


website.>

We can give you a detailed and more clearer screen shots of the


product.>Alternatively once you are through with the visual demo, we can talk for

the trial version.

The product is priced at US dollar USD $1150

Products is licenced per server, unlimited users.

Looking forward for your response.

Thanking you warm regards,

Sanjay Gurav
COO
TechnoInfosys




-----------------------------------------
This email was sent using TechnoInfosys LA Mail Solution.
http://www.technoinfosys.com/






------------------------------------------------------------------------

Subject:
Groupware details
From:
address@hidden
Date:
Mon, 06 Jan 2003 06:36:12 +0000 (GMT)
To:
address@hidden


Hi Julie Tisdale,

Thankyou for your interest in TechnoInfosys products.

I hope you might have seen the detailed of the product on our website.

We can give you a detailed and more clearer screen shots of the product.
Alternatively once you are through with the visual demo, we can talk for
the trial version.

The product is priced at US dollar USD $1150

Products is licenced per server, unlimited users.

Looking forward for your response.

Thanking you warm regards,

Sanjay Gurav
COO
TechnoInfosys




-----------------------------------------
This email was sent using TechnoInfosys LA Mail Solution.
http://www.technoinfosys.com/


------------------------------------------------------------------------

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