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Is SugarCRM open source?

Posted by Strop on · 8 comments
Sourceforge.net and SugarCRM.org; By Steffen
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It turns out that the world's premier web based commercial open source vendor, SugarCRM, has published their software under modified terms, which are not OSI approved, and will probably never be. Should they be de-listed from Sourceforge?

[Note to readers: LXer has not yet verified the claims made in this story. So read carefully and, as always, judge for yourself the merits of the author's claims. - dcparris]

One of the world's premier Commercial Open Source advocates have recently closed down their software, while still preaching the open source gospel. SugarCRM rose to glory during mid-2004, touting "Commercial Open Source".



Recently a decision was made to re-license SugarCRM under a modified Mozilla Public License, with the prime modification being a restriction on removing the "Powered by SugarCRM" icon on every page. The Sugar Public License is not OSI approved, and is most likely incompatible with open source philosophy, as you are not granted freedom to tinker with all aspects of the code.



However, SugarCRM is still listed on SourceForge.net as an MPL licensed software, which would suggest that the version distributed through SourceForge is licensed under different terms than the code distributed through SugarCRM.org. (http://sourceforge.net/projects/sugarcrm) However, a download of version 4.5 reveals however, that the MPL has been replaced by the SPL. Should SugarCRM be removed from SourceForge? Are they dishonouring the open source philosophy and community?



Please comment on SugarCRM still preaching open source freedom, while sharing their code under a non-free license.



Here is Sugar's addition to the MPL:



SugarCRM Public License 1.1.3 - Exhibit B


Additional Terms applicable to the SugarCRM Public License.


I. Effect.
These additional terms described in this SugarCRM Public License - Additional Terms shall apply to the Covered Code under this License.


II. SugarCRM and logo.


This License does not grant any rights to use the trademarks "SugarCRM" and the "SugarCRM" logos even if such marks are included in the Original Code or Modifications.


However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the "Powered by SugarCRM" logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution of such copy. In addition, the "Powered by SugarCRM" logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the "Powered By SugarCRM" logo must be at least 106 x 23 pixels. When users click on the "Powered by SugarCRM" logo it must direct them back to http://www.sugarforge.org. In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to http://www.sugarforge.org


The full SugarCRM Public License can be read here: http://www.sugarcrm.com/crm/SPL

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Comments (8)

Not OSI-approved

...yet. It's hard to expect that every new license will be immediately approved (or disapproved).

Anyway, this looks like trademarks again. I think it's time for some discussion about that in the community. Is protection of trademark really against freedom?
Nope, it's not a trademark issue. It's the old-BSD style attribution clause which was removed in '98 from the BSD license for good reason.

And if you look at the OSI pages, you'll see that only new-BSD is OSI approved, not old-BSD.
Strop Story submitter ·
Under the current terms, you are not allowed to remove the code that contains the "Powered by SugarCRM" icon and text. I.e. you do not have full freedom to alter the code.

With regards to trade marks - both RedHat and Mozilla are protecting their trademarks by forcing copiers to *remove* their logos, graphics, etc. from the product - not forcing them to include it. Forcing you to remove a trade mark would mean protecting it - forcing the developer to include it would mean a restriction. AFAIK, Open Source is about granting rights, not impose restrictions.
I still haven't had time to look into this any further. Based on what I've seen though, this is definitely an "old BSD-type" issue. I appreciate you posting it for us.

They failed to change the license reference

They failed to change the license reference on the download page. It is misleading, since the release notes speak of two new SPL licenses.

What is SugarCRM's comment and plans regarding this issue?
Strop Story submitter ·
Here's from SourceForge.net terms of use, clearly stating that any license must be OSI approved:

"Use, reproduction, modification, and other intellectual property rights to data stored in CVS or as a file release and posted by any user on SourceForge.net ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by OSTG as applicable to such Source Code.

(...)

Content located on any SourceForge.net-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by OSTG as applicable to such Content."

from https://sourceforge.net/tos/tos.php
A good question has been raised here. It would be good to get comment from SugarCRM as to their plans. I will try to follow up on this.
Strop Story submitter ·
I've emailed Sourceforge about it.

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