Posted by scottwolpow on April 26, 2012 at 2:01am
I can not really find clear answers to these questions. I know that when employees working on code that is not distribution.
Do any of these constitute distribution?
1) If a client wants to review the code before the project is finished.
2) The code is hosted with a company and that company can access the code.
3) A third party is hired by client to build another part of the site they get access to the code. Can they keep it and redistribute it?
Comments
IANAL, but maybe this
IANAL, but maybe this helps:
Distribution: http://en.wikipedia.org/wiki/Distribution_(software)
You don't need to distribute code only for the client to review it. Invite the client into your companies rooms to review it.
Can they? Or is this a standard hosting situation where the hoster is not allowed to access the code because they only act on your behalf and the data is still your data. Or is company not a hosting company here?
If a third party gets access to the code, it looks like that this is distribution, indeed. But I wonder how the client can offer access to the third party in the first place. If the client already had access to the code, then distribution was already in place and client can do whatever the free software license allows, which is getting somebody else to work on it for example.
Thanks MOT
It is not feasible for client to come into the office, they are in over 1 hour by car. They want to review on a daily basis.
As to hosting, it it stays on my server (I own the servers) and I grant them rescindable access, is that distribution? That would be the same as if they viewed it in my office and we hosted outside the office. I still have complete domain and control.
As to third party. An example would be a custom module developer. You may allow them access to all the code so they can avoid conflicts etc (Just an example- I would give them a bible normally).
Personally I think distribution has to be an overt act. ie posting to a public site, upon execution of a contract etc. When working you will have to post to a staging server controlled by the client. Yes you still have the force of the contract, but they have use of your work while you fight in court.
If the customer visits your
If the customer visits your server (like instead visiting you in your office), I don't think this can be seen as distribution. The customer uses the software on your server, but you do not offer the software for distribution (yet).
Also you're doing perhaps contract work. Which means, you plan to offer your modification under GPL but only if the client pays you. I don't think a client can break that contract you have with him and use the GPL to fool you. But if it is already at that stage, you should get a lawyer.
Perhaps it's best to that both parties say upfront when the software is being distributed and when you make it available under GPL.
Because unless you don't make it available under GPL, everyone having it would break the GPL - termination. As you only use for yourself, you don't break the GPL. Problem solved. The customer can not "steal" your modifications you have not yet put under GPL.
For the module developer: He modifies the software. You need to pass along the rights. I think that is a different situation. You could tell the module developer, he needs to pick standard Drupal, extend it and pass on work to you under GPL so you can extend further.
But if you pass along your work to him for him to extend your Drupal+YoursX - Derivate, you need to pass it under GPL. You distribute it to him so that he can modify it.
If you don't like that, don't pass along your software or make that developer your employee (or contractor?). This might vary in some countries, so as well, talk to your lawyer. I think you're acting in good faith here, so take a look from a relaxed standpoint but try to figure out things early.