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  • GPL license for community download?

    Hi,

    When following the links to the S2dmServer community download, I come to a distinctly non-GPL license agreement that is mandatory for the download. Is this a Web site glitch, or what? On the other hand, the source download is straightforward.

    Thanks,

    David Ezzio

  • #2
    License for the community download

    Hi David,

    Thanks for the question. We published a license FAQ a couple of months ago but I'll try to explain more here.

    As you identified, the license for the source download is GPL. The license for the community download is a SpringSource free-to-use license. The community download is exactly what you will get if you download the source and run the build. We provided the community download version as a convenience so that people aren't forced to do the build themselves. The differently licensed (EPL/GPL) constituent components of dm Server mean that this is the best way to distribute the server. The source is still open, and the server (either from source or community) is still free to use in development or production. The enterprise version of dm Server is for those people that want to redistribute the product or want to use the advanced products for management or development that support the server.

    As a disclaimer, I am not a lawyer so you shouldn't really consider my comments as legal advice.

    Adam FitzGerald
    SpringSource

    Comment


    • #3
      Hi David,

      No, this is not a Web site glitch.

      If you want GPL binaries, you have to download the GPL source code and build the dm Server yourself. All pre-built binaries are non-GPL.

      Regards,

      Sam

      Comment


      • #4
        Hi Adam and Sam,

        Thanks for your illuminating replies.

        The source built flawlessly when I followed the one page of instructions in the readme.txt. Usually, if there is any possibility of a problem, I find it and all its cousins. So, my kudos for a good job in making the build easy.

        Thanks again,

        David Ezzio

        Comment


        • #5
          Originally posted by Sam Brannen View Post
          Hi David,

          No, this is not a Web site glitch.

          If you want GPL binaries, you have to download the GPL source code and build the dm Server yourself. All pre-built binaries are non-GPL.

          Regards,

          Sam
          So, just to be sure I ask:

          If I download the binary file from SpringSource (e.g. 1.0.1 RELEASE) I'm:
          1. not allowed to upload this file on a public server and make it available for public download
          2. but if I download the GPL sources and build it my self I'm able to upload the artifact resulted from the build on a public server and make it available for public download

          Thanx,
          Alin Dreghiciu

          Comment


          • #6
            Alin, I'll preface this comment by a short disclaimer: I am not a lawyer and this post does not constitute legal advice by me or by SpringSource. You should contact your own lawyer for advice specific to your interests. With that out of the way, I recommend you read the dm Server Licensing FAQ for the details but I'll try to answer your question as best I can.

            By publicly posting a version of dm Server for others to download, you are redistributing dm Server.

            Re: 1. You are correct, the terms of the free-to-use license do not permit you to redistribute this version.

            Re: 2. If you build the dm Server from source, you are not permitted to redistribute the resulting binaries due to conflicts between two different open source licenses (EPL & GPL). The FAQ has more details about this.

            If you do want to redistribute dm Server then you can contact SpringSource to secure a commercial license that will permit redistribution as part of your product offering.

            SpringSource dm Server's source is open and the server is free to use by you personally or your organization. The redistribution of the server is governed by the licenses associated with different server versions. I hope this clears things up.

            Adam FitzGerald
            SpringSource

            Comment


            • #7
              Thanx Adam for your information.

              Actually what I wanted was to include Spring dm Server in the list of supported platforms by Pax Runner (http://wiki.ops4j.org//x/A4A6). For having a smooth experience, users should as much as possible, not be bother with downloading Spring dm Server by themselves. That's the only reason why I asked about redistribution. If there would be an url to downloading Spring dm Server without an manual "accept" process I would not need to "re-distribute" it. So, is there such an url? Or is there any other option?

              Comment


              • #8
                It is a pitty that you are not allowed to distribute binary SpringSource sm Server even as part of some product. This is a serious limitation, and without having right to distribute it as part of some product we cannot use it. SpringSource dm Server is thus restricted for companies willing to pay for enterprise license or that want to use it for internal applications.

                We cannot simply tell customers to unpack our package, go to SpringSource xx url, install the server and so on.

                I was considering using SpringSource dm server in my next project, but with those license restrictions I'm going to stick to bare equinox.

                Comment


                • #9
                  @jaro: Your statement is completely incorrect. SpringSource dm Server is allowed to be distributed in a binary version. My previous post states clearly that
                  If you do want to redistribute dm Server then you can contact SpringSource to secure a commercial license that will permit redistribution as part of your product offering.
                  SpringSource dm Server is not restricted for companies willing to pay for an enterprise license or that want to use it for internal applications. Those are precisely the use cases we encourage you to talk to SpringSource about. If you have more concerns about the license, please read the FAQ.

                  Adam FitzGerald
                  SpringSource

                  Comment


                  • #10
                    @adreghiciu (#7): After looking at your web site, I can see what you have done with some other OSGi runtimes and what you are looking for from a user experience perspective. I don't see a software license for your technology listed on your site so again I have to tell you that you should speak to your own legal advisor when it comes to packaging your software with code from 3rd parties and then redistributing it.

                    In the case of dm Server, you can always point to the download URL: http://www.springsource.com/download/dmserver

                    Your users will have to manually "accept" or choose a version to download (a minimum of 1 click or a maximum of 4 clicks). This is not a very onerous task for application developers. I have downloaded, built and installed thousands of systems myself during my years working with open source software so I am sure that the portion of your user base that is interested in dm Server won't find it too difficult, or may have downloaded dm Server already.

                    Adam FitzGerald
                    SpringSource
                    Last edited by adam.fitzgerald; Feb 2nd, 2009, 05:50 PM. Reason: Added sig

                    Comment


                    • #11
                      Originally posted by adam.fitzgerald View Post
                      @jaro: Your statement is completely incorrect. SpringSource dm Server is allowed to be distributed in a binary version. My previous post states clearly that

                      SpringSource dm Server is not restricted for companies willing to pay for an enterprise license or that want to use it for internal applications. Those are precisely the use cases we encourage you to talk to SpringSource about. If you have more concerns about the license, please read the FAQ.

                      Adam FitzGerald
                      SpringSource
                      I actually read the license, and that is my understanding of it. Let me introduce quote from the license:

                      1. License Grant. Subject to the terms and conditions of this Agreement, SpringSource agrees to grant, and does hereby grant to Customer during the Term of this Agreement, a limited, non-exclusive, non-transferable right and license, solely to the object code version of the Software and without the right to grant or authorize sublicenses or to further distribute the Products, to install and use the Products solely for Customer’s internal business operations. Customer may make up to two copies of the Products for backup and/or archival purposes. The Products are only available electronically via download and will not be available in any other format.

                      2. License Restrictions. Customer agrees not to: (a) copy or use the Products in any manner except as expressly permitted in this Agreement; (b) transfer, sell, rent, lease, distribute, or sublicense the Products to any third party;
                      Could you clarify this ? According to this I'm not allowed to further distribute the "Products" which in this case is SpringSource dm Server.
                      I need to be able to distribute SpringSource dm Server in a tar.gz package with our application to our customers. There is no installer, so I'm not able to show any licenses to them. Product is not downloadable on the internet.
                      Last edited by jaro; Feb 2nd, 2009, 06:39 PM.

                      Comment


                      • #12
                        @jaro (#11): You are quoting from the SpringSource free to use license which I have already identified in post #6 does not permit redistribution. This is not the license that is used when someone enters into a commercial enterprise agreement with SpringSource to use dm Server.

                        The specific terms of our commercial enterprise agreements vary depending on the situation. If you are looking to utilize dm Server in a product that you are building to sell to others then you should look at our Certified Solution Partner program or if you are looking to utilize dm Server as part of a deliverable that you are constructing for a consulting customer of your own then you should look at out Consultants and System Integrator program. I'm sure that I can find some one to discuss the different specific options available to you, just send me a private message through the forums with the best way to contact you.

                        I hope that helps to clarify things.

                        Adam FitzGerald
                        SpringSource

                        Re: Distribution in a tar.gz package: that should not be a problem.
                        Last edited by adam.fitzgerald; Feb 2nd, 2009, 07:06 PM. Reason: Changed to add response to jaro's last edit.

                        Comment


                        • #13
                          It is already a big risk that I'm considering using OSGi running on Equinox with spring dynamic modules, since there is nobody in our team experienced with that, and also in general there are not many people with that knowledge. Therefore I cannot demand purchasing an enterprise license for SpringSource dm Server from my superiors.

                          I think SpringSource is only slowing down profileration of OSGi applications running on its dm Server with its licensing policy. People will not pay for a risky solution that in theory might work very well, but will rather stick to existing solutions which might not be as dynamic and modular, but proven and with lots of people experienced in them.

                          I hope that with time SpringSource will reconsider its licensing policy, and offer more commercial friendly licenses for binary builds without having to purchase enterprise license.

                          Comment


                          • #14
                            @ jaro (#13): I'm sorry to hear that you are not interested in an enterprise license for dm Server at this time. You are, of course, welcome to continue your own use and development with dm Server absolutely free for projects and products that you do not plan to redistribute.

                            Moving to a new cutting edge technology is always a delicate balance between gaining new benefits but using technology that is not in the mainstream. OSGi has already been clearly identified as a critical technology by all of the major application server vendors so by using this technology you are certainly leading the charge toward the future of enterprise Java. I assume that you already find the modularity benefits to be useful for your project. At SpringSource, we do not think of this as risky and I hope that the thousands of other developers using dm Server and Spring DM don't feel that way either. The technology is mature, well tested and open. There is no theoretical discussion here; SpringSource dm Server works - we have been using it to run our public Enterprise Bundle Repository for more than eight months.

                            Adam FitzGerald
                            SpringSource

                            Comment


                            • #15
                              Well, is not my website. It is an open source community . More even, is an open participation community where everyone can became a committer. But that is s different story. And everything is licensed under Apache License Version 2.0.

                              Now back on the thread, just wanted to mention that Pax Runner does not package nor redistribute any of the OSGi frameworks (felix/equinox/knopflerfish/concierge). Those are download on the first usage based on what user wanna use.
                              So, as stated before, I do not want to distribute Spring dm Server as part of Pax Runner, just a direct download link.

                              As Pax Runner is aimed more to developers, I actually think that having this support for SpringSource dm Source is also in benefit of SS, as it is another distribution/promotion channel. And because Pax Runner is about provisioning application bundles on any open source framework at a "cost" of a single parameter switch users could easy figure out why SS dm Server is better then a bare OSGi framework implementation.

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