Legal

Events happening in the community are now at Drupal community events on www.drupal.org.
This group should probably have more organizers. See documentation on this recommendation.

This is a working group for legal issues relating to Drupal. That includes licensing questions and planning. It should not be used as a legal advice forum; for that, consult a lawyer. If you actually have information from a lawyer about an issue that would be relevant to Drupal, however, that would be welcome.

Please be sure to read the FAQ before posting!

jteichma's picture

Does sharing code with a 3rd party vendor to develop for us constitute a distribution?

Hello, I looked on the forum here and can't find the answer to this question. Apologies if it has been asked before. Say we are using drupal 6.2 and have made some some custom modules that we don't intend to distribute at this time. If we now engage with a 3rd party development vendor for more modules/features work, we will need to share our code base with them to perform that work. Does that constitute a distribution?

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textformer's picture

Use of Druplicon in a book

Hi,

can someone help me out? I am writing a german technical book about Drupal 7. In the introduction I am mentioning the Druplicon, and I'd like to show the image. May I use the Druplicon or not? The book will be commercially sold and it will not be published under a GPL license.

Anyone who knows this?
Nicolai Schwarz

I don't understand why the Druplicon is licensed under GPL anyway, as this applies to software?

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alex ua's picture

Conflicts of Interest and potentially Private Benefit / Inurement on the Drupal Association board

I would like to formally request an investigation into two members of the Drupal Association board who I believe have acted in a Conflicts-of-Interest with regards to DrupalCon Chicago. In addition I formally request the investigation of one member of the Drupal Association general assembly for the same.

I believe that these members of the Board and General Assembly have behaved in ways that not only run counter to basic morals of our community, but I believe that they have also potentially broken nonprofit tax law and have put the tax exempt status of the DA's 501(c)3 at risk.

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patrickavella's picture

Confused over license when creating a drupal powered web app

I read the FAQ, and came across #11 that seems to answer my question, but I'm no lawyer, and the "legalese" surrounding web development just keeps getting harder and harder to follow.

11: Do I have to give the code for my web site to anyone who visits it?
No. The GPL does not consider viewing a web site to count as "distributing",
so you are not required to share the code running on your server.

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murrayw's picture

Trademarked projects on drupal.org

I was wondering if there is any reason for trademarked projects (themes, modules, distros) possibly being excluded from drupal.org. It is a given that anything distributed on drupal.org must be GPL2+ but I am wondering if it can be trademarked.

I have had a look around the various policy documents and see nothing relating to trademarked projects. Most materials discuss the GPL or the Drupal trademark itself. Are there any others?

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daniil_k's picture

What is distribution?

Hello,

If I build a drupal based web site, create some custom modules, all under GPL.
Deploy it on server (hardware), and after that started to sell that server(hardware) to the user. User can access it only over browser.

Do the customers have rights to ask me for source code that runs on that server?

Best Regards

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Anonymous's picture

"Drupal Connect": a marketplace for commercial Drupal modules?

Hi,

I run an agency focusing on open source software, mostly Drupal, Magento Commerce etc. Magento have an interesting marketplace for commercial extensions, "Magento Connect". Magento is licensed OSL 3.0, but its extensions can be any type of license, e.g. GPL, OSL, commercial, etc.

What I want to discuss is a kind of "Drupal Connect" ecosystem, for commercial Drupal extensions. These extensions, like Magento Connect, would not be hosted on Drupal.org, but acquired from third party websites. But Drupal Connect simply brings them all together.

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in a nutshell's picture

drupalicon editing

hello every body i want to know if it legal to get my own version of drupal icon i mean if i putted in my arabic site the logo with arabic clothes or bread , thx

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filkertus's picture

Requests for Input on Legal Service Needs of Drupal Community

Hello all, I am an attorney in the U.S. and I also own and operate a few e-commerce retail sites running on Drupal with Ubercart. Currently my law practice is primarily focused on U.S. immigration law but I have some good friends that run a Drupal development shop (Commerce Guys) and I frequently help them out with contracts and other things they need for their business. I am far from a Drupal expert but I am pretty proficient and understand a lot of the issues related to web-development and e-commerce that affect both developers and site owners.

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mcd15935's picture

When is a Distribution not a trademark?

I happened upon some info on the trademark of the Drupal name and must admit, I find it confusing. So, as I understand it, the name Drupal is trademarked by Dries B, fine. So where does that leave the software itself? If we refer to the Drupal distribution, are we using the trademark?

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Sohodojo Jim's picture

GPLv2+ and LGPLv3: Implications on project where OOP subclassing involved

I understand from the GNU Licensing compatibility matrix (http://www.gnu.org/licenses/gpl-faq.html#AllCompatibility) that what I need to do is permissible. But I want to take a quick dip here to avoid headaches and wasted time/effort in the event that I misunderstand.

There is a widely used PHP class for Google maps that implements the JavaScript API v3. (The primary Drupal Google mapping modules are 'legacy dependent' with code bases written to API v2.) This API v3 library/class I want to use is licensed under LGPLv3.

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Aveu's picture

Risky Practice

The following thread came in my email today and it made me very concerned about what may be a very risky practice for the Drupal Association to be doing. For the good of the project I think this needs to be addressed quickly. I suggest discussing with lawyers, preferably ones familiar with both U.S. and international trade law and antitrust practices as these areas are likely in play.

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carpenter.490's picture

Distribution of custom drupal installation with trademark

I have a web service built on drupal which I would like to release as a bundled package with drupal core and a set of modules which I've created. I would release this code under the GPL, but would like to maintain a trademark on the name of the web service. Are there any legal issues with this? Do I need to make mention that the service is built on drupal? Thanks ahead of time for any help

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Aveu's picture

I apologize

I would like to offer my sincere apology to the Themer groups here on Groups.Drupal.Org and to this community in general ... I meant no disrespect to anyone. Being a non-artist I have the highest regard for those who can do what I cannot; create beauty in web designs and other visual art forms. Likewise as a programmer I have an equally high regard for all web developers and the difficulty of the work we do.

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jteichma's picture

Does managed hosting constitute conveyance?

Hi! I read the FAQ and found a post that is a similar case to ours but just wanted to confirm.

My question is simply does managed hosting constitute conveyance? I imagine a lot of folks will have similar questions as computing moves more toward a virtual and cloud hosting context.

In our case, we host our own Drupal instance, which contains custom modules and theme extensions we developed to meet the specific needs of our audience. We plan to release parts of the work we have developed to the open source community, but on a schedule we can support.

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Aveu's picture

Question about GPL and NON-PHP Themes

If I build a Theme that uses no PHP or GPL'd JavaScript but does incorporate PERL code in the template would that PERL code need to be GPL'd?

I realize of course this would mean that the hosting installation would have to have PERL enabled on their server (not a normal Drupal setup) but I don't think that is the same as "requiring a 3rd party proprietary program" since PERL is open source and quite common on many hosting services.

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GPL group recommends CMS templates be licensed under a different license.

... but templates are a special case, because they are combined with data provided by users of the application and the combination is distributed. So, we recommend that you license your templates under simple permissive terms.
_ --- "Frequently Asked Questions about the GNU Licenses" www.gnu.org

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Aveu's picture

Themes versus Modules

There has been much discussion through the years about the automatic GPL status of Themes and Modules, and I will weigh in on that topic itself in another post (see the bottom of this post). But for now suffice it to say that I see an argument in favor of requiring GPL for Modules but I see a very different and very compelling argument in favor of excluding Themes from the GPL mandate. This post is to address a pre-cursor to that argument ...

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marvil07's picture

Copyright lines on source files

Sometimes I see that some people add copyright lines(as number of developers) to the first comment block of a source file.

I am wondering if that is the right way to do it, I mean, should I be doing that?(I guess not since big projects like views are not doing it) If not, can I delete that lines? (moving them to README.txt or somethign like that, naturally)

I also see that drupal project itself use a COPYRIGHT.txt, should I do that in my modules?

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aaron's picture

Bylaws of the Open Drupal Guilds (version 0.9)

Bylaws (version 0.9)

Definitions
Open Guilds
Open Guilds refers to the organization these Bylaws apply to. Its website is at http://openguilds.org/.
Drupal Guilds
Drupal Guilds refers to a subset of the Open Guilds, and is fully subject to the rules laid out in these Bylaws. Its website is at http://drupalguilds.org/.
Individual
An Individual must be a human being. Corporations, Organizations, or any other collection of individuals may not be considered to be an individual for purposes of these Bylaws.
  1. Purpose of the Open Guilds

    Open Guilds acts as an organization for the training, certification and professionalism of practitioners of various Open Source crafts. The website at http://openguilds.org/ serves to facilitate the purposes of the organization.

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