OpenScope and Legal Issue

blittled

I have been doing some researching for the open source software for the PropScope. I have found a great graphics package I want to use at http://www.genlogic.com/free_community_edition.html it comes with this stipulation for free use:

"A commercial project is defined as an application or web service that is developed or used by a commercial entity as part of its business activity, either for profit or for advertising and promotion purposes.

If you develop an application or web service for a non-commercial entity, and it will be available to all users free of charge, you can use the Community Edition."

Now since the software will be used for a commercial product even though the software will be free would the software be considered a commercial product by the stipulation above?

Tor

I'm not a lawyer, but my gut feeling when I see those kind of licensing/usage descriptions is to stay far away from it.

-Tor

Mike Green

I'm not a lawyer, but if Parallax provides the project, even for free, then it's a commercial project. Now Parallax may be able to negotiate for the use of the free Community Edition since OpenScope will be free, but it would still require a specific contract and maybe a small licensing fee.

Heater.

I can't read it as any other way than "You want to use it for a commercial product" therefore "you are NOT permitted to".

I understand it as saying that because you want to make money out of it you are not allowed to use it. Never mind if you are giving the actual code away for free.

Anyway, want's wrong with dropping them a line and asking if the licence covers the usage you have in mind?

evanh

There is a "Production Version" for commercial use.

Assuming that's acceptable, what you can do is experiment with development using the Community licence then if you like what it does for you move to the Production licence.

blittled

Thanks for the input. I had a feeling that if you have to ask about it the answer would be no. I will drop a line to the company and ask them.

W9GFO

blittled wrote: »

"A commercial project is defined as an application or web service that is developed or used by a commercial entity as part of its business activity, either for profit or for advertising and promotion purposes.

If you develop an application or web service for a non-commercial entity, and it will be available to all users free of charge, you can use the Community Edition."

Now since the software will be used for a commercial product even though the software will be free would the software be considered a commercial product by the stipulation above?

The way I read that is that Parallax would not be permitted to use it for their commercial product. It's not clear to me if you are doing this with Parallax or on your own.

If you are developing something that will be free to everyone then it seems that it should be okay even though it runs on something that you have to buy. After all, it would be hard to come up with any software, open or otherwise that does not involve a commercial product to be useful.

pedward

What target and language are you using? I have some nice QT widgets I'd be willing to donate to the cause if you're using C++.

LoopyByteloose

Of course, there is always the unwritten clause... "Don't ask, don't tell". It works for the US governments, why not everyone?

Kidding aside, Parallax benefits in sales from giving away free software related to its products, so it seems buying the Commercial version or negotiating a better arangement seem the only options. I suspect it would be simpler to buy the Commercial version than to negotiate.

But you are free to buy it as a collaborative group.. partnerships and joint ventures are legal owners, as are corporations and limited partnerships. Consider an idea of having it owned by a 'cooperative'. This is a group that just shares expenses, and reaps revenues individually.

Generally, I prefer doing it the simpler, more direct way if it isn't a huge expense or not going to ruin my cash flow.