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42

answers:

1

I have a web based application that I charge monthly to businesses that allow them to build a website. I would like to use a GPL(version 2) component (PLUpload, which is a flash component) in my site builder that allows my clients to upload files. I don't mind sharing any changes I make to PLUpload, but I can't GPL my entire website code.

Can I use this in my website without my entire web application being GPL?

+1  A: 

Typically, yes. The GPL primarily limits distribution, not use. So as long as you aren't distributing your website (like selling all of the code in a zip file for others to install), you don't need to release the rest of your website under GPL. In fact, even if you make changes to the component and don't distribute the new component, then you don't need to release the source code changes you've made either.

I should add that the GNU has a separate license for website use called the AGPL http://en.wikipedia.org/wiki/Affero_General_Public_License which has different requirements in regards to website use of AGPL code. If the code falls under this, I don't know that license well enough with respect to your question (besides it being controversial).

I don't know PLUpload, what it does, etc, but the above is assuming that it is server side used code only and it isn't a flash component, etc. that is being sent to the browser... which there has been a lot of debate about as well, similar to using GPL JavaScript as part of website code base, what you're required to grant people with respect to your code, what "component" sent to a browser constitutes a "distribution" (a website? a single http response? etc).

I'm not an attorney nor is this legal advise (yada yada). If this really concerns you, I'd recommend hiring one.

userx
Yeah, plupload is flash based..
NotDan
Yeah, in my opinion this becomes kind of a "gray" area of the GPL (and IMHO a bad license choice for that reason, LGPL perhaps being a more clear one). One could argue that "distribution" is just that of the Flash binary and as such, only that part is subject to GPL. But given that it integrates with other "distributed" code (HTML, JavaScript, etc) it becomes unclear to me if the license applies to them now because while separate HTTP requests, no one would ever argue that the GPL'ed "parts" of typical software are in different packets than the non-GPL and hence not distributed together.
userx
As a follow up to that, my *guess* is that your use is what is **intended** by the release of the code under GPL. I'm just not certain that's what the license legally provides. Having been through this professionally before, my recommendations would be to (a) email the developer and ask (as in the US, typically any official clarification to a legal document from both parties carries a good amount of weight should it ever go to court), (b) negotiate a commercial license, or (c) find something else.
userx
Thanks for the detailed answer and replies. I'll check with the author. I'll leave this unaccepted for a day or two to see if there is any more input, and I'll mark this the accepted answer if not.
NotDan
Honestly, looking at the commercial license option, its about $14 to license it for one "website", hardly worth spending more time on :) http://www.plupload.com/commercial.php
userx