Slashdot Mirror
The Ethics of Selling GPLed Software For the iPhone
SeanCier writes "We're a small (two-person) iPhone app developer whose first game has recently been released in the App store. In the process, we've inadvertently stepped in it, bringing up a question of the GPL and free software ethics that I'm hoping the Slashdot community can help us clear up, one way or the other. XPilot, a unique and groundbreaking UNIX-based game from the early/mid nineties, was a classic in its day, but was forgotten and has been dead for years, both in terms of use and development. My college roommate and I were addicted to it at the time, even running game servers and publishing custom maps. As it's fully open source (GPLv2), and the iPhone has well over twice the graphics power of the SGI workstations we'd used in college, we decided it was a moral imperative to port it to our cellphones. In the process, we hoped, we could breathe life back into this forgotten classic (not to mention turning a years-old joke into reality). We did so, and the result was more playable than we'd hoped, despite the physical limitations of the phone. We priced it at $2.99 on the App store (we don't expect it to become the Next Big Thing, but hoped to recoup our costs — such as server charges and Apple's annual $99 developer fee), released the source on our web page, then enthusiastically tracked down every member of the original community we could find to let them know of the hoped-for renaissance. Which is where things got muddy. After it hit the App store, one of the original developers of XPilot told us he feels adamantly that we're betraying the spirit of the GPL by charging for it."
Read on for the rest of Sean's question.
"That left us in a terrible spot. We'd thought we were contributing to the community and the legacy of this game by reviving it, not stealing from them by charging for it — and we didn't think $2.99 was unreasonable (and, again, the source is available for free from our page). It never occurred to us that one of the original creators would feel that we were betraying their contribution. We've discussed the philosophical fine points of free-as-in-speech vs. free-as-in-beer with him, and have suggested a number of remedies — such as reducing the price (it's now $1.99), profit-sharing with previous contributors, making the game free at some point in the future (once we'd at least recouped our costs), or going 'freemium' (offering a fully-functional free version plus a paid version with enhancements we added ourselves, with both GPLed of course). But in each case, the bottom line is that this developer feels the app should be free-as-in-beer period, and anything less is a sleazy betrayal of anybody that made contributions under that license. Which is a shame, because we deeply respect his work on this game and would love for him to be on board with the port — but at the same time this was months worth of work and we honestly believe we're going about this in a reasonable way.
Obviously, one of us has a non-mainstream understanding of open source ethos, but it's become clear we can't come to a consensus on which of us it is, and whether the 'spirit of the GPL' should allow selling GPLed software (especially when one wasn't the original creator of the software, but a more recent contributor). The only way to determine that, it seems, is to poll the open source community itself.
We're determined to do the right thing by the GPL and the community, and we'd like to hear opinions on this. Remember, we're not talking about whether it's practical to base a business on GPLed software, nor the best business model for doing so, and certainly not whether the source must be distributed for free (obviously it must be), but just whether charging for the binary version of an enhanced/ported version of a GPLed app (while releasing the corresponding source for free) is an ethically defensible thing to do."
Obviously, one of us has a non-mainstream understanding of open source ethos, but it's become clear we can't come to a consensus on which of us it is, and whether the 'spirit of the GPL' should allow selling GPLed software (especially when one wasn't the original creator of the software, but a more recent contributor). The only way to determine that, it seems, is to poll the open source community itself.
We're determined to do the right thing by the GPL and the community, and we'd like to hear opinions on this. Remember, we're not talking about whether it's practical to base a business on GPLed software, nor the best business model for doing so, and certainly not whether the source must be distributed for free (obviously it must be), but just whether charging for the binary version of an enhanced/ported version of a GPLed app (while releasing the corresponding source for free) is an ethically defensible thing to do."
Yes it's fine
This is a retarded issue, there is nothing in the GPL to prohibit charging whatever the fuck you want as as long as the code freely available.
There's no "spirit of the GPL", that is just a made up construct, like saying the Constitution is "living document".
It either violates the terms or it doesn't.
Next.
You're not doing anything wrong. You've not in violation of any licenses. By choosing the GPL, the pissy developer:
1) Already answered the question of whether people can charge for it (the answer: yes)
2) Gave up control of the project; you could just call yours a "fork" and he'd have to shut up anyway
So, in short, go tell him to piss up a rope.
Comment of the year
Those people are idiots!!!
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
Does the GPL allow me to charge a fee for downloading the program from my site?
Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide âoeequivalent accessâ to download the sourceâ"therefore, the fee to download source may not be greater than the fee to download the binary.
You did everything right, and nothing wrong. I am more thinking that the people who are angry are jealous that they did not think of it first.
"You can't make a race horse of a pig"
"No," said Samuel, "but you can make very fast pig"
The "UK Government" didn't confiscate anything. It's not clear that any confiscation actually happened. It's not some dimwitted action of central government. If you read the letter in the linked Times article:
'They had encountered businesses which were selling copies of Firefox, and wanted to confirm that this was in violation of our licence agreements before taking action against them.'.
BEFORE. The only mention of confiscation is: "we would like her to return any confiscated CDs".
It was one trading standards officer. There are thousands of them all around the country. It was an honest misapplication of a policy which stops pirated software/DVDs/music being sold at town markets and small stores around the country, and it was confusion that was corrected. No lid was flipped, she just got a bit over-official. The officer in question was just doing her job and experiencing some confusion when encountering a new (to her) business model. The problem was resolved.
Apple got rid of the NDA when iPhone devs complained that it restricted their ability to discuss development on forums.
http://www.macgeekery.com/column/eloquent_apathy/apple_removes_iphone_sdk_nda
Please moderate up the parent. I very much appreciate Bjorn chiming in on this with his side of the story -- and again, I can't emphasize enough just how much we respect his contribution; without Bjorn, there would have been no XPilot to begin with.
I'd like to clarify a few points.
The source is current. The git repository available on the page is exactly the source that we've built each release from, and is in fact the only way the two of use share code with each other; when it's not updated, it's because we haven't changed anything that day.
The message you're referring to where we "went ballistic" was very much an over simplification. If anybody is interested in the actual email he's talking about, I'll be happy to provide it, but this is a mischaracterization. In particular, Bjorn responded to our extending an olive branch by providing a deadline for us to make the game free, and yes, that rubbed me the wrong way; and Bjorn, I apologize for letting my frustration become so evident.
Your points about whether this was fair or not, and the issues of selling OSS, are perfectly valid -- and in fact trying to determine which of our views reflected the majority perspective of expectations when contributing to GPLed software was, in fact, the reason we wished to have this open discussion.