[Typo3-dev] Non-GPL licence on a GPL extension

[Carlos Chiari]

Hi George:

Your examples are appropiate... 

As I already have the authorization of the owner - at least an email, which
suggests He wouldn't complain for the inclusion - , AND the criteria you
list suggest it wouldn't open a license breach nor change the FusionCharts'
own license (your post looks like a well informed opinion... are you a
lawyer?) maybe it could be used. 

Anyway, looking into the feature list of the Lite version, seems they don't
support double data charts, which actual VTS graphics do.

Now, it appears I have to go into the "features" of Lite version to make a
decision here...

Best regards,

Carlos



-----Mensaje original-----
De: typo3-dev-bounces at lists.netfielders.de
[mailto:typo3-dev-bounces at lists.netfielders.de] En nombre de Georg
Kuehnberger
Enviado el: Miércoles, 23 de Noviembre de 2005 06:36 a.m.
Para: List for Core-/Extension development; 'TYPO3 English';
typo3-dev at lists.netfielders.de
Asunto: Re: [Typo3-dev] Non-GPL licence on a GPL extension

Dear Charlos, all,

At 21:54 22.11.2005, Carlos Chiari wrote:
>Hi List:
>I found a nice package to render charts and graphs in FLASH, much like
>Google Analytics.
>http://www.infosoftglobal.com/FusionCharts/Default.asp?gMenuItemId=1
>The product isn't GPL, although the generated movies are royalty free.
>Could be there any problem using their product in the VTS?
>Sorry to ask. I am not very aware of the legalities of the issue.

Within the thread you already "boild down" the questions arising to the 
IMHO / IANAL main two points:
- which licence belongs to piece of code ( aka SW) and
- how could I integrate it into typo3 and offer for download;

Given that the SW in question
- is protected under any other licence than the GPL and
- is fully functional without TYPO3 ( that is, is not using any API 
functions of TYPO3 )
- you alrteady bublished in the TER and
- the SW in question, can be (and probably already is) altready published 
under the licence & conditions the owner choses.

Regarding integration within TYPO3 the TYP3-licence which is the GPL, 
thanks to Kasper, allows you to integrate all of YOUR and others code, as 
long as the are GPL.

In case you're creating or integrating code, which is "protected" under a 
different licence than the GPL, you're still pretty fine, as long as the 
code works WITHOUT TYPO; that is, you're not FORCED by the GPL to releace 
your code under the GPL, as long as it would work without using any TYPO3 ( 
which seldome happens);

eg:
phpOpenTracker is licenced under the  Apache License 2.0  ( see 
http://www.phpopentracker.de/en/license.php ) though still you might 
integrate it similar to awtstat within / into a TYPO3-extension, as long as 
you follow the requirements of the licence in question.
WHY - simply. because phpOpenTracker is an App on it's own an you "just" 
integrated it into the TYPO3-Framework.
Once again. the above example shows pretty fine, that the application in 
question
- is fully functional without TYPO3 and without the GPL-Licence (as 
standalone app),
- is released under another Term than the GPL, and
- is integrated into TYPO3, whereas the Integration-Code IS GPLed simply 
because it's "derived" ( that is "not working without) from TYPO3.

So eg. in the case of VTS my point on licencing is::
- phpOpenTracker has it's own licence (apache2.0) which also should be 
mentioned during install / handover and for sure within the sources 
included ( as it works without TYPO3 ).
<- your integrationCode of phpOpenTracker as VTS into TYPO3 should be 
published as GPL licence, as the Integration into TYPO derives from the 
TYPO-API and wont be work without eighter: TYPO3 / phpOpenTracker.
- TYPO3 itself is still GPL

The fact that you might download and install anything from anywhere ( eg. 
anything from within the TER ) will not affect the TYPO3-GPL licence, 
neighter any other.
So it's noct the question "where to download from" thus "put a sticker" on
it
  but rater

I do hope the above might  

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