How to protect my work?

[mcchin]

Dear All,

This is my first post, hope I don't sound like an idiot  .

I have read a lot of posts in here regarding GPL, whether or not you can encrypt your components or modules, and so-on.
After reading the contents here http://www.joomla.org/content/view/3510/1, a lot of things are very clear to me now.

From what I have understand so far is, when you create an extension (Components, modules, plugins, mambots)
1) You can charge $ for your work.
2) You can encrypt your work. ( Technically yes, but you still need to distribute the source codes in other ways to stay open source)

But I still can't figure out the following, and hope someone can shed some light for me here.  (Thanks ahead)
1) Although I can charge $ for my work, but the source code license has to stay GPL, and GPL states that anyone can redistribute it and also charge $ for their effort, but I see a lot of commercial joomla components out there stating the following in their website.

Purchasing a license of XXX component entitles you to install and run XXX component within ONE (1) installation of Joomla!. With a single license, you are also allowed to install ONE additional copy of XXX component to another Joomla! installation for demo or development purpose only.

Can you protect your work like that?

2) If you can't protect your work like what is stated above, how do you prevant someone else purchased your work and earn $ from it? (Since according to Joomla, add-ons has to be GPL)

[Edit]

Here is something I have found on another thread, basically is something I want to ask as well... :P
http://forum.joomla.org/index.php/topic,185065.0.html

If a company can charge for the software they develop to run on the Joomla platform and - most importantly - the people who buy it from them are not allowed to pass it on to others (free or commercial) without also paying a license fee to the people they already bought it from ... then there is no problem.

If converting to GPL means that companies cannot do this then there is a problem (as discussed in my initial post).

This is the concern I am having now, so with GPL, I can buy any commercial components/modules/mambots and resell it as I see fit?
For example, Moset Tree (A popular listing component for Joomla, I assume most of us here knows about this add-on) states that (on their website) you can only install on one Joomla installation per license. But since all deriative work of Joomla has to be GPL, I can ignore that statement from Moset Tree? and install as many sites as I want with one purchase and Moset developers can't do anything about it?


Thanks and Best Regards

[mcsmom]

You have it summed up pretty well. You don't sound like an idiot because it is confusing and the gnu gpl forces us to think about ideas in ways that are counter to what is typical.

The theory behind the gnu gpl is that information should be "free," not without cost, but in the sense that anyone should have the freedom to  modify it and make copies of it.  There is a large body of writings and other forms of communication about this idea, which I encourage anyone to read.

To implement this approach and protect the rights of the people who create code who wanted to share their work in this way,  the gnu gpl was created with a specific set of rules that, in general, tend to move society in the direction of free information.

The clause that you quote if one that, if it were applied to a gnu gpl application would be in violation of the license.

The current debate that has been raging on the Joomla! forums is about whether extensions to Joomla! must usually be licensed using GNU  GPL. According to the core team and OSM's interpretation of the GNU GPL extensions are "derived works" and therefore must also be licensed under GNU GPL.

Under gnu gpl copying a gnu gpl program is not stealing.  There are a number of ways you can "protect" your work and/or make money via your extension, but limiting installation to a single site is not one of them.

[mcchin]

Hi ^^,

Thanks for your reply! 

I understand I have to license my work under GPL.  You have mentioned there are number of ways to protect my work, I hope you can show me a few pointers. 

[Edit 1]
Thanks to Asphyx for your reply http://forum.joomla.org/index.php/topic,187067.0.html ^^
I just noticed that I couldn't reply to your post, and I have checked other topics that there isn't a "reply" button..there is forum rule forbids it? 

Anyway, thanks again for the info ^^ I guess that is why Joomla ask people in the community to voluntarily comply with the license...
I don't want to go down the route that Moset and other similar sites are taking, because that is not what Joomla developers want. I hope someone can share with me what are the alternatives? (That is acceptable by GPL, I do understand it has be to open source, but what are the choices for "protection" ?)

[Edit 2]

We do not have the will nor the means to go after everyone who violates our license nor do we intend to.

from http://www.joomla.org/content/view/3510/1

It does sounds like Joomla developers are giving greenlight for us to not comply..


Thanks and Best Regards

[Asphyx]

From: http://forum.joomla.org/index.php/topic,187045.0.html

I can buy any commercial components/modules/mambots and resell it as I see fit?

Not any....Just any Commercial GPL extentions...(hence the controversy)

But since all deriative work of Joomla has to be GPL, I can ignore that statement from Moset Tree? and install as many sites as I want with one purchase and Moset developers can't do anything about it?

No you can not...A user is beholden to the terms of the license they bought. Until the copyright holder of Moset tree has GPLed their extention you can not assume that that project is now GPL and that you can resell it or distribute as you see fit.

If the copyright holder of Mosets decides they do not want to GPL their component and instead pulls the project from distribution then anyone who bought a copy will retain the usage rights they had for that component at the time of purchase and are legally bound by the license they recieved at the time of purchase. Since the terms of that license did not give you distribution rights you can not distribute that code until such time as the copyright holder changes the license to allow it.

NO ONE but the copyright holder can say what license applies to their product. Just because Joomla says all components written to work with their GPLed project must be GPL that does not CHANGE the license of some other project automatically.

Joomla could challenge the project for license violation if they choose and one of two things could happen if they did and won.
1 - the project in question would have to change the project to a GPL compatible license
2 - The Owner of that project could stop distribution.

Only if #1 is implemented would the end users rights be changed and extended.
And not until #1 happens.

So No if you bought a Commercial non-GPL extention you can not assume it is now GPL and you can not just go and sell or distribute that product as if it was GPLed.

Developer A can not change Developer B's license...only Developer B can.
Developer A can challenge that license in court but until they do and win they can not force a change in the project. And that change does not guarantee a change of the license. Developer B can choose to stop distribution which would mean everyone who bought the program would retain the rights to use that program under the terms of the license they purchased it under with no additional rights and no one else would be able to get it from that point on.

The courts could possibly rule that the source code for that work be distributed to the users who have purchased it but that would be a very rare ruling since it has never been done (in fact the whole thing has never been tested in a court)

the GPL does state that the penalty for license violation is to force and end to distribution and that is likely to be the only result that will happen should there ever be a challenge.

[mcsmom]

First, one thing to know is that you can still sell and  encrypt your work so long as you offer to provide the source at cost. The fact is that those simple barriers to entry will deter many people from redistributing your code. It's amazing how just making things a little more costly and a little more complicated changes people's behavior.

Second, think about price point.  If you are selling for $5 that is not much of a deterrent to entry. If you raise the cost, perhaps to reflect more of the actual effort you put into your product or what you need to actually earn a living, not only are you realistic in your pricing you are also going to see less casual purchasing and sharing with friends.

Third, provide benefits for purchasing rather than copying, such as copyrighted documentation and support or automatic updates.

Fourth, don't provide support to people who have not purchased.

Fifth, think about elements such as your css, graphics and javascript that do not have to be gpl'd if handled correclty. Are they strong enough to encourage someone to purchase your full extension rather than a bare-bones version without those elements? Also, you might think about any help files you include that might be issued under a different license.

Sixth, think about how you might make your extension stand alone andthen whether it might be possible to write an lgpl bridge or one under another license.

Seventh, think about who your market is--is it primarily hobbiests, fortune 500 companies, non profits or some othe group. Do market research and find out from your customers what motivates them and what they are and are not willing to pay for.

Eighth, of course, as with anyone running a business, getadvice about all of these issues from an experienced professional so that you don't end up in hot water 5 years down the line.

I'm sure you are capable of coming up with other approaches too.

[mcchin]

Hi again ^^,

A thousand thanks to your reply ^^, I now feel more comfortable continuing my work.
The forum is really helpful, I have no idea it is that responsive 

[technopuzzle]

Just thought I would mention this, but from my understanding of the issue (and someone correct me if I'm wrong), but you don't HAVE TO license your work under the FPL license, but it MUST BE a GPL compatible license.

This could be GPL, LGPL, or one of the other compatible licenses.

I understand I have to license my work under GPL.  You have mentioned there are number of ways to protect my work, I hope you can show me a few pointers.

[mcchin]

Hi,

Thanks unixboymd, I think I have read about that too, I don't quite remember which topic in here mentioned that. :P. I have found the link about that http://www.gnu.org/licenses/license-list.html, is a long list, but I will check them out anyway ^^

I also remember someone (somewhere in this forum, I didn't save the link sorry) saying mambo let you apply any license you want for your extensions/components/modules

10. I have written a Component, Module, Template for Mambo. Do I have to release it under the GPL?

No. The GPL allows you to write your own extensions for Mambo and to release those extensions under whatever license you choose.

I understand there are V2 and V3 GPL, is that the difference? or both GPL doesn't allow that, only Mambo choose to allow that and Joomla Choose to comply with GPL?

It sounds a little off topic, but after checking out mambo terms and conditions ( After reading someone else topics in this forum regarding mambo ) it get me confuse here. 

Thanks and Best Regards