Subject: Re: OPEN Source
From: Chuck Swiger <>
Date: Sat, 26 Nov 2005 21:27:19 -0500

Todd Premeaux wrote:
> I am no lawyer but I do a little programming, and many times some of the
> application code used within my applications, come from open sources found
> available on the internet! My fundamental understanding of open source is
> the author of the source object I use, gets his credit as the author within
> his object code and in the EULA or Readme file! 

I see.  Well, you have a fine opinion, and in some places, even a legal 
doctrine known as "right of an author"/"droit d'auteur".  It's amazing what you 
can accomplish, if only you pay proper attention to who should get credit. [1]

> If I use his objects' within an application I developed and distribute for a
> profit, then a portion of the profit should be sent to him for his time due
> to his contributions. And most EULA agreements ask that donations be sent if
> his or her objects are used.

Ask, not require.  See OSD #1:

"1. Free Redistribution

The license shall not restrict any party from selling or giving away the 
software as a component of an aggregate software distribution containing 
programs from several different sources. The license shall not require a 
royalty or other fee for such sale."

If you demand a royalty or fee for commercial use, it's not open source.

However, you're welcome to ship a product containing your proprietary software 
as a seperate program, perhaps as a network appliance like a firewall or router 
box, using some forms of open source software, without releasing your source 
code or even the changes you make to the open source software, if you like.

See NetBSD or PicoBSD (FreeBSD subset), perhaps.

[ ... more opinions ... ]


[1]: "Pavlovian slaver at the cash-till ring of success." (Marillion)