Does this count as distributing the software
No. And in the case of PHP, the software is the source, so a distribution of the software would include the source anyway. It would be very difficult to violate the GPL with scripted code.
He is a non-technical user so the code would probably not mean much to him;
That’s not the point.
If you re-distribute an open source script, the requirement for the availability of the code is not only for those that “understand” it.
Also, the fact that the friend is using your server seems to confuse you. What if tomorrow he becomes an IT genius and takes his website to XYZ hosting company? Your “possesion of the software” would be gone. And from there he can re-distribute it for free again.
I appreciate the input and expertise; however, I still do not have an answer to my question. I have and will continue to maintain ownership of the URL and the website… my friend will never take the source off of my server. Now, my question is, what if tomorrow my friend becomes a client and I provide them with a similar service. IE. I set up the site, do customization, host, and give them access to the admin panel of the site do I have to give them a copy of the code?
I am not some evil code pirate. I contribute to multiple open source projects, run one of my own (http://bcicstest.uvic.ca/soundmap), and have spent the last two years working at the British Columbia Institute of Co-operative Studies (http://web.uvic.ca/bcics/opensource.htm) pushing for Government and non-profit agencies to adopt open source solutions…. however, I am about to graduate with a Bsc in computer science and I am looking for a way to help pay off my student loans and the customization I have done is more feasible if I do not have to give it away.
You’ll get a number of different opinions here, none of them from a legal expert. If you want legal expertise, ask a technology lawyer. 😉
From a IANAL perspective… If you are hosting a solution, only ever hosting, never transferring elsewhere, I’m pretty sure that’s effectively an in-house product. You are renting out service, not selling packaged software to install elsewhere. But, it’s certainly a gray area.
I don’t know if legally you’d be obliged to give them the source code. I don’t think so. But, in general, if you are asked for source code, and based on an open-source project, it only ‘hurts’ you with your clients to say no. They could go install the free program themselves elsewhere.
IF you decide that you’ve crossed the ‘GPL line’ whereby you are selling the software itself (again, I’m not up on where that line is when it comes to a rented/hosted solution versus a sold ‘package’), then, yes, if they ask for the code, you must provide it. And they could then redistribute it on an FTP site or anywhere else they wish.
-d
Thanks for the advice. The business plan revolves around hosting and support. The contract with the client(s) will be very clear that they are only paying for hosting, access, and support. Hopefully from what I have written before you can see that I am a big supporter of the open source movement… the model that I am using does push the limits of what I am comfortable doing but I have to pay off a lot of loans and this seems like a way to help with that.
I plan to donate 5% of net profit back into the community… I hope this will help with those that do not believe anybody shoud make a profit from open source software.
“To understand the concept, you should think of free as in free speech, not as in free beer.”
Well, the OS community has pay-for software as well as free. I believe your closing quote summed that up quite well, actually.
