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Subject: Creative Commons Jurisdiction Teams in Sub-Saharan Africa

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  • From: Andrew Rens <andrewrens AT gmail.com>
  • To: Brian Ssennoga <brians AT coss.ug>
  • Cc: ccafrica AT lists.ibiblio.org
  • Subject: Re: [ccAfrica] TopSecret CC???
  • Date: Fri, 5 Oct 2012 10:14:33 -0400

Hi Brian

On 5 October 2012 09:37, Brian Ssennoga <brians AT coss.ug> wrote:
Friends,
Apologies for crossposting, but this question popped up on one of my other lists:

<<----- 
I wonder if you can explain to me if keeping secret a software developed
using open-source material is allowed under the following circumstances,
just as an example:

a) New application has been created for the Police or Bank, the customer
does not wish the source-code to be available to anybody else, want to
keep their operations top secret.
b) The application is running on Customer OS: Windows ( I think this has
no influence anyway).
c) The has been developed using: PHP/MySQL/Joomla, all of them are
open-source (GPL).

I'm not talking about merely configuring Joomla for the customer, but
about writing a real application in PHP, just as an example.
The aim is to see the limitations for use of open-source, when we deal
with such customers who would not like the idea of allowing the code of
their applications known or being browsed by the public.

Which part of GPL or LGPL allows keeping the code secret, under any
circumstances?

The question in each case is whether the use of the modified source code amounts to conveying the source code.

The relevant definitions in the GPL (v3) are: "

'To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.'

Of course software under the AGPL must be treated differently to software under the GPL. Software under the AGPL cannot be made available through a computer network without also distributing modifications.

The GPL (v3) defines propagate as follows:

'To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.'

Of course most software is under previous versions of the GPL especially v2.

The answer to the question then depends on exactly which license the software is under, and the precise use for example whether the bank uses it in an app that is loaded on customer's phones or tablets.

There are also special provisions for contractors who modify the software for the bank or military:

"You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you."



Regards,
Thadeo. 

------>>>

I thought there is no better place than to point it here, am sure CC has a definite solution to this, right?

--
Brian Ssennoga | FOSS & ICT Consulting 

COSS | @COSSug | #COSS
FOSSFA Country Liaison - Uganda | @fossfa | #FOSSFA
Skype: bssennoga | Gtalk - b.ssennoga



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