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GPL and Leased Software?

Posted by Cliff on from the tricky-licensing-issues dept.

LordByronStyrofoam asks: "In the body of the article linked in the recent Silicon Valley Has Learned to Love the Bust, Salesforce.com and IBM were said to be planning to lease or rent software. IBM did this for many years back when they controlled the big iron market. It reveals a bottom layer in the cultural strata of software users: those who use Free Software; those who click through EULA's and the associated closed-source licenses; and the lowly renters. Do renters of GPL software have no rights under the GPL? Is this situation similar to the one where the makers of DSL/cable routers don't have to provide the source, even though the devices are based on embedded Linux?"

3 of 169 comments (clear)

  1. Re:You don't own it if you don't buy it. by MisterFancypants · · Score: 5, Insightful
    But the GPL says nothing about "ownership", it covers DISTRIBUTION. So if you distribute the software to the renters, they have full GPL rights. Renting, buying, ownership..doesn't matter.

    So, the question IS an easy one, but you're on the wrong path.

  2. Distribution includes leasing by Anonymous Coward · · Score: 5, Informative

    From 17 USC 106: "to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;"

    So, that would be distribution, and would need to happen under GPL terms.

  3. The GPL by mindstrm · · Score: 5, Insightful

    fundamentally, is very simple.

    This issue, I'm sure, will get clouded beyond reason, by those who are going by what they think the GPL is about rather than what it says.

    When you make a work based on GPL code, the following can be said, logically:

    The first law in question is: Copryight

    Under copyright law, do I have permission to "lease" copies of software that I do not hold the copyright to, to others? No, I don't. Why? Because that requries making COPIES, which I am not allowed to do under copyright law (other than fair-use.. which this certainly isn't)

    So.. that iother avenue is open? Well, the software is covered by the GPL.. so that lets you do some things normally reserved for the copyrgiht older....

    It clearly states that you cannot distribute copies to anyone unless it's under the terms of the GPL. As another poster said, the GPL does not cover "ownership", it covers copying & distribution. This is not about who owns software... you can't say "well it's still ours, we are just letting you borrow it".

    So in short:
    Copyright says you can't lease out copies without permission of the copyright holder.
    The copiright holder gave you permission, via the GPL, to distribute copies ONLY IF YOU license those copies to those to whom you disribute under the GPL.

    It's very clear cut.