I would like to use a Debian distribution for this purpose. My application is closed source and Debian is a mix of various open source licenses. Some of them force publishing everything that uses it under the same license (GPL). Does it apply to my scenario as well or can I still use my own license for my code?
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128answers:
5
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For a formal legal answer consult a lawyer. Having that said, if your application is virtually running on a Debian server - without admitting any changes to the server's own source - You can use it without ever needing to open your source.
I have given a more detailed answer on another SO question. You can also read Lawrence Rosen's fine article "General Public License, Explained".
Adam Matan
2010-01-29 13:06:57
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Yes. You would have to provide the source code for the open source parts of your distribution, if so requested. Just distributing something with open source, does not make your program open source licensed.
See here for explanation - actually, here is the relevant part:
No restrictions on other software: The license may not place restrictions on other non-open source software distributed along with the open source software. For example, the license must not insist that all other programs distributed on the same CD-ROM or other media be open source. Thus, a company may distribute both open source and proprietary software in the same package. However, some licenses--notably the GPL (General Public License)--require that all software constituting a single work fall under the GPL if any of the software used in the work is GPL.
From Understanding Open Source and Free Software Licensing By Andrew M. St. Laurent (published by O'Reilly)
Kimvais
2010-01-29 13:08:18
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You have to provide the sources to all the GPL programs included in your software, so basically the debian distro. IANAL but i think a link to the debian homepage should suffice.
As long as your program does not derive from any GPL program you do not have to put it under GPL (but you might be using some libraries that are using the LGPL so you should check that you meet the (less restrictive) conditions for those).
However: You are not allowed to charge for the Debian Distribution itself, only for the service you provide and your own software.
// Disclaimer: IANAL - I am not a lawyer
dbemerlin
2010-01-29 13:11:11
Does Debian have a different license than the standard GPL? GPL programs can be resold without restriction, provided that the source code is provided along with the sold copy and that the users who were sold the software retain the rights that the GPL grants them (including the ability to distribute the source code in turn, for free or commercially).
Ryan Brunner
2010-01-29 14:55:24
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The simple and legally inexact answer is that you will have to publish any tweaks you make to Debian or anyother GPLed applications you include.
You will not have to publish your own application.
HandyGandy
2010-01-29 14:22:47
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In case your application is not Linux specific, and you have doubts about the Linux licensing, you could always use some BSD variant instead (BSD never requires releasing source code).
pafcu
2010-01-29 14:47:19
You are wrong. Linux requires releasing source code if you modify the kernel. BSD does not. I did not mean to imply that any source code would have to be released in the questioners case, I feel like the other answers already established that. I simply stated that if you have ANY doubts you can use BSD which NEVER requires releasing source, no matter what you do (well I guess most systems do include a few GPL components, but the risk of breaking any license requirements is much smaller)
pafcu
2010-01-29 18:56:40