[U-Boot] [question about using the same code in non-free programs]

[Albert ARIBAUD]

Hi,

Le 26/02/2011 06:46, Dongil Park a écrit :
> Dear All.
>
> I have one question about porting one of my code into u-boot.
>
> actually, it 's one kind of Protocol and it already have been used for our
> company programs.
>
> I wonder if i port this protocol into u-boot, does it affect to our programs
> which already in Market?
>
> i found below answer from GPL FAQ, and i think there will be no problem.
>
>
> *I would like to release a program I wrote under the GNU GPL, but I would
> like to use the same code in non-free programs.*
>
> *To release a non-free program is always ethically tainted, but legally
> there is no obstacle to your doing this. If you are the copyright holder for
> the code, you can release it under various different non-exclusive licenses
> at various times. *

This answers your question from a technical standpoint: as the owner of 
some source code, you can release it under a dual license, so you can 
release it under 'GPLv2 or later' and at the same time under a 
proprietary license.

As for programs already released, no, they are not affected. A license 
only affects the software release it accompanies, not fuure or past 
releases.

> after porting into u-boot, i'll open the code. and i(we) have the owner ship
> for this protocol

What do you mean by ownership of the protocol? How would that ownership 
manifest itself exactly?

> thus there will be no problem, am i right?

Define 'problems' in terms of precise scenarios. Legal issues are 
complex and cannot be summed up as 'problems' easily.

For instance, note that with what you plan to do, if this happened in 
France where I live:

- once your code is under GPLv2+, it can be modified and redistributed 
under GPLv2+ (and possibly some other similar licences).

- you cannot assert the proprietary license against someone who got the 
code under GPLv2, via U-Boot or otherwide.

- if you change the protocol, in many countries people will have the 
right to modify the source code and adapt it to match the protocol change.

- if you have protected the name of the protocol, then there could be 
restrictions to other people using this name -- they may not be able to 
include the protocol's name in a SW product of theirs, for instance.

- you might also have some level of protection against competitors using 
your protocol outside of U-Boot, or at least outside of a GPLv2+ product.

All this being fairly dependent on the exact IP laws of the countries 
involved -- I know only a part of what applies in France and quite 
probably in Europe, but I know that things could differ for other countries.

> *@Wolfgang Denk, i need your opinions about this issue. Please answer my
> question :)*

Why not simply Cc: him then? :)

Amicalement,
-- 
Albert.