ThinkCAP goes open source

The ThinkCAP page ThinkCAP Pricing & Packaging states:

Non-Commercial Distribution: Open Source GPL For non-commercial distribution, that is, if you aren't going to include ThinkCAP JX in a software package you sell or redistribute outside your company, the ThinkCAP JX Framework is free of charge and is available under the GPL License. The GPL covers organizations building applications for internal use as well as Application Service Providers (ASPs) providing their software as a hosted solution without installing software at their customer's sites.

How it's possible ???

How can they release code under the GPL and dictate use conditions ???

--- Stefano Spinucci

If you are the copyright holder you can release your copyrighted work under as many licenses as you choose.

Think outside of the software box.

If Steven king writes a story...

He can license a book distributor to print copies and sell books.

He can license a movie studio to do a screenplay.

He can license a comic artist to make a comic book.

He can license an animation studio to make a cartoon.

He can license Andrew Lloyd Weber to do a broadway musical.

He can license a toy manufacturer to make action figures from the characters.

Each of these licenses can have different terms, and its most likely that they would.

If you write code, and you hold the copyright, you can offer the same code under different licenses too! (MySQL does this)

I'm not disputing that if you are the copyright holder you can release your copyrighted work under as many licenses as you choose.

But I'm asking how they can release the software under the GPL and tell developers how use GPL'd software.

I can take GPL software and sell it (if anyone want to pay me for free software), redistribute it, do whatever I want, with the only condition to distribute also the program source.

If the license is GPL with restrictions, is not GPL any more...

I'm wrong ???

Ah, I see your point, thanks.

I think that they would have to include some other code in the fee based version for this to work the way they want.

This is how MySQL does it, and how Qt from trolltech used to work (before trolltech just GPL'ed everything).

A code base that is completely GPL, with only GPL restrictions.

Another code base that is the GPL stuff, plus additional proprietary stuff all offered under a different license.

They can restrict re-use of the proprietary stuff, and even the entire proprietary package (in a technical sense). But you could drop the proprietary package, then pick up the GPL only package and use that in your own commercial work.

The way you describe it, it reminds me of the bitkeeper product Linus was using for a while. This doesn't sound doable, but they could make it work with a few minor changes. they should look at MySQL's licensing scheme.

In addition to GPL licensing, ThinkCAP JX Framework is also available under a royalty-free commercial license for developers who want to distribute or sell binaries of modified versions of ThinkCAP but keep the code to themselves.

If this is their model, then it is about the same as MySQL's. If I want to distribute a modified version of MySQL or ThinkCAP JX, while holding back the source, I have to pay for the commercial license. You should still be able to commercially distribute the non-modified version as part of your own distribution. I have contacted the FSF Compliance lab for clarification.

Thanks for the follow up Don.

Your work is appreciated.