Karim Vaes

• OpenSource is free.
  Not always… OSS (OpenSource) doesn’t have to be free, it means that the source code should be available. Some of the first words in the GPL are, “When we speak of free software, we are referring to freedom, not price.” Many believe that the spirit of OSS is to be free, yet it is allowed to charge money for distributing it. Just look at RedHat & Novell who’re making a living off distributing GPL code.

• It’s worthless as it hasn’t proven itself in court.
  Bullshit. The GPL license has proven itself in court. Yet it hasn’t been that numerous as most patent cases that make the news. Just check gpl-violations.org for numerous gpl related trials.

• Distribution rights.
  Everyone distribution GPL source is obliged to do the following:

  • Provide the whole sourcecode (immediately, not upon request), and not only the source code that’s altered.
  • Provide the means to control compilation & installation.
  • Provide the source code to ANYONE, not only to their customers.
  • Provide a full copy of the license, not a link to it.

• Interaction of proprietary software with opensource software will require publishing the source code of the proprietary code.
  Wrong! This misconception is mainly caused by the following paragraph in the GPL license.

  “2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

  …b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this [GPL] License.”

  There is a difference between “work based upon” or “called upon”. If one uses the gcc compiler for compiling it’s source code, it won’t be affected by the GPL. The source “calls upon” the gcc compiler, creating your own work that is not based upon the gpl code from gcc. Yet if you’dd take the source code of (for example) GeexBox and use (parts of) the code for your own project. Then you’re affected by gpl, as your work is based upon gpl work.

Reference List
http://www.sitepoint.com/article/public-license-explained
http://www.gnu.org/licenses/gpl-faq.html
http://www.gnu.org/philosophy/selling.html
http://www.itmanagersjournal.com/articles/12878
http://www.linux.com/articles/55285

Disclaimer : The following article is no legal advice. I’m not a lawyer, the article was written to clear some misconceptions about open source!