Can an extension have a non GPL-compatible license?

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Author	Message
Eirik Alfstad Johansen	Saturday 09 June 2007 7:36:28 am Hi guys, This question has been on my mind since I started working with eZ Publish some 3 years ago. A recent thread in the Joomla! forum (http://forum.joomla.org/index.php/topic,163492.0.html), as well as the new certifications and approvals of eZ extensions, has served as a trigger for this post. I don't expect anyone to read the entire Joomla! thread as it spans over 36 pages, and it has taken me the better part of my Saturday to read through the first 5. I'll therefore try to summerize the issue the best way I can. As most of you may know, the GNU GPL (the "main" eZ Publish license) requires "derived work" to be released under the same license, or a compatible license. The main question in the Joomla! thread, and which is equally valid for eZ Publish, is whether or not an extension can be considered derived work, or as a separate application. It is my understanding from reading the thread that since there is no legal presedence on this matter (yet), it's up to each separate copyright holder of a GPL licensed software to decide what this means, and alternatively enforce the consequences of that decision. As far as I know, eZ systems has not made a clear statement as to whether or not they consider extensions to be derived works of eZ Publish, and if they plan to enforce the GPL license by not allowing extensions under a non GPL-compatible license. From talking with various partner companies and eZ associates, I've gotten mixed signals as to eZ' policy on this matter. Can someone from eZ' (preferably Bård or Alexander) provide an answer on this issue? Thanks in advance ! Sincerely, Eirik Alfstad Johansen http://www.netmaking.no/
Zak Greant	Sunday 10 June 2007 11:37:27 am Dear Eirik, Thank you for writing! eZ System's official position is this: eZ Publish extensions are usually derivative works of eZ Publish. Derivative work of eZ Publish may not be distributed unless: a) you have a license to do so (either the GNU General Public license or another license negotiated with us); or b) the derivative work falls within the fair use (or similar) provisions of copyright law Fair use includes use that supports such activities as research, review, criticism, education, reporting and providing legal advice. For more information in this area, we recommend discussing with a lawyer. We often negotiate non-GPL license for extensions or other derivative works - just contact one of our offices if you wish to do so. -- Zak Greant eZ Systems AS Director of Legal Affairs
kracker (the)	Sunday 10 June 2007 11:52:29 am While there may different situations which require different views on this subject ... I view extensions in most situations as a derived works. I base this view on looking at extension's composition. Many extensions provide pieces (design templates, operators, workflow events, translations and classes) which derive from the eZ publish core. While it is true that other extensions may include a work licensed under a different license ... here is were I'm not so certain on how to best <i>distribute</i> works separately which have incompatible licenses ... It seems to me that if one needed to license under a non-free or gpl-incompatible license one would contact eZ directly to either obtain a eZPUL license or obtain other license options. Re: http://ez.no/products/licenses http://ez.no/ezpublish/licenses http://ez.no/ezpublish/licenses/ezpul_license just in case: "i am not now, nor will I ever be a lawyer ;)" <i>//kracker theme: songs that went tin: puppetshow, "every one should watch for a happy ending, oh what a happy happy puppet show..."</i> Member since: 2001.07.13 \|\| http://ezpedia.se7enx.com/
	Friday 15 June 2007 9:41:24 am It looks like the group you mention have come to some solid conclusions, <i>http://www.joomla.org/content/view/3510/1/</i> This news really highlights (for me at least) some major and important differences between the two projects and (in my opinion) eZ publish is even stronger because of these differences. #1. eZ publish (and it's derivative works) licensing is more flexible for everyone (including business). <i>//darkman El-P : Poisenville Kids No Wins , Reprize (This _must_ be our time)</i>
Zak Greant	Friday 15 June 2007 10:17:17 am eZ does have more flexible licensing, but Joomla! has definitely made a good decision. They are using code that is licensed to them under the GNU GPL and they should follow the license. -- Cheers! Zak Greant eZ Systems AS Director of Legal Affairs
Adam Docherty	Thursday 02 August 2007 2:37:52 pm quote: Can an extension have a non GPL-compatible license? Yes it can, via two clauses in the GPLv2 : --- Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). --- (take special note of "independent of having been made by running the Program" in the above paragraph) --- If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. --- If your extension does not contain any code that is directly copied from GPL code and is not distributed with GPL code it does not have to become GPL to extend GPL licensed IP. -Lobos
Xavier Dutoit	Monday 06 August 2007 9:27:11 am Hi, One could argue as how much an extension on ez can "reasonably considered independent and separate works in themselves"... The answer is not crystal clear in one way or another IMO, but having a proprietary extension running on a top of a gpl CMS is a rather muddy water. Do consider releasing your extension as GPL, and that's good for your karma as well ;) X+ http://www.sydesy.com