One of the big arguments that I make for MPP versus Amavisd-new is that the GPL license restrictions that are inherent in Amavisd-new are too restrictive for email service providers, our core customers. What a shock I have had though when I started to drill down in the GPL as it has zero restrictions on offering modified GPL software as a service. Disclaimer, I am not a lawyer so I wouldn’t bank your business on my analysis, but I do think it is correct - or I wouldn’t write it in the first place
The original GPL was written in the late 80’s when most of the pioneers of both software as a service (SAS) and the Internet were either not born or hiding from the opposite sex in computer labs. The basic premise that GPL defined was that GPL software is free to use, if you changed it and distributed it you must offer the community your changes and keep the GPL license displayed. You also couldn’t embed GPL software into a commercial product. In these days distribute was analogue to download. There was not an idea of offering open source software for use in the Internet. Pretty quickly though, this changed.
With the Internet, open source software was no longer arcane things like kernels, c libraries and hardware drivers. It became email servers, web servers, databases and web browsers. Open source as a service was the backbone of the Internet and many businesses built profitable models by offering services based on open source.
This seems a little unfair if you ask me. A big company can take the work of some guy in his basement who had the good will to distribute his code to the world and use it for some profit generating business and never pay the original guy who wrote the code a cent. But in reality, this is quite fair for 2 reasons.
First of all, in the original GPL and even in GPLv3 there are zero provisions for software as a service and secondly, the idea of some benevolent guy writing open source code to better the world is truly bullshit.
Certainly Some open source projects were start that way, but few successful onesstay that way. Open source projects are largely funded by huge companies, rich schools, rich tech people or research groups. The companies that sponsor open source projects have either a long term or short term financial interest in the success of their project or open source ideals - either to sell hardware, to lower their own software licensing costs on the backs of cheap student labor, to generate support revenues or other similar ideas. But I digress….
GPLv3 replaces the idea of distribution with conveyance, however, the definition of convey has nothing to do with offering software as a service….
From http://www.gnu.org/licenses/gpl-3.0.txt
“To ‘convey’ a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.”
So there you have it, there are zero provisions for using GPL software in the software as a service model and it seems that you are entirely free to use GPL software in a service in any matter you choose, so long as you do not sell the service as a product.
In my opinion, this was a huge mistake by the GPL committees since some of the best modifications of open source software are in services and many could benefit from these developments, but, it is entirely understandable. The primary business interests in open source software are SAS companies and operating system vendors. OS vendors need to sell to SAS companies and SAS revenue models require very low cost software licenses to make money, considering their high infrastructure costs.
There are administrative issues at play as well. If SAS companies were required to submit their changes to the community it would inundate the resources to review them. If every person that has ever modified Postfix or Amavisd-new for their appliance submitted their changes to Wietse and Mark I can’t imagine how they could possibly review them all.
So bottom line is go ahead and build the most kick ass services you can with GPL software and rest-assured that Mike Katz says you have no licensing issues to be concerned with. Don’t sell the service as a product or you could have problems, assuming that anyone cared enough to bother with you. And if you are not rich enough to have your own open source project, like me, and your product competes with open source solutions, then make sure that your product is very good and offers a distinct value proposition over open source solutions. I think MPP does this, and slowly the market is agreeing.
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