
Ask HN: Is it legal to charge for GPL source code? - funnyfacts365
I was reading the user manual of a device I got and they offer the source code of GPL software they use, but charge a fee.<p>The following is what&#x27;s written on the user manual of the device:<p>&quot;GPL Declarations
The device contains – in part – some free software (software licensed in a way
that ensures your freedom to run, copy, distribute, study, change and improve the software). This free
software is also contained in the firmware update files that are distributed together with
the software installation packages. The free
software contained within the firmware includes a version of X-LOADER, U-BOOT, LINUX, LIBSYSFS,
LIBUCI, LIBUSBIP, ETHTOOL, UCLIBC, QT and BUSYBOX.<p>Further, for at least three (3) years from the date of distribution of the applicable product or software,
we will give to anyone who contacts us at gplcoderequest@&lt;redacted&gt;.com, for a charge of no more
than our cost of physically performing source code distribution, a machine-readable copy of the
complete corresponding source code for the version of the software that we distributed to you.&quot;<p>So, is that legal?
======
mindcrime
In _general_ , yes, you can charge for GPL'd code.

[https://www.gnu.org/licenses/gpl-
faq.en.html](https://www.gnu.org/licenses/gpl-faq.en.html)

That said, I'm not 100% sure about the scenario where you distribute the
binaries without the source, and invoke the "written offer" clause. It's not
totally clear to me if you're allowed to charge in that specific circumstance
or not.

Edit: OK, at least for the GPLv2, the answer is "yes":

[https://www.gnu.org/licenses/old-
licenses/gpl-2.0.en.html](https://www.gnu.org/licenses/old-
licenses/gpl-2.0.en.html)

 _You may copy and distribute the Program (or a work based on it, under
Section 2) in object code or executable form under the terms of Sections 1 and
2 above provided that you also do one of the following:_

 _a) Accompany it with the complete corresponding machine-readable source
code, which must be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or, b) Accompany it with a
written offer, valid for at least three years, to give any third party, for a
charge no more than your cost of physically performing source distribution, a
complete machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium customarily
used for software interchange; or,_

~~~
funnyfacts365
I see it now! Thanks!

Taken from the link above:

If I distribute GPL'd software for a fee, am I required to also make it
available to the public without a charge?

No. However, if someone pays your fee and gets a copy, the GPL gives them the
freedom to release it to the public, with or without a fee. For example,
someone could pay your fee, and then put her copy on a web site for the
general public.

~~~
walterbell
There are VC-backed companies distributing binaries based on GPL code, which
discourage their customers from releasing (or even asking for) source. E.g.
the vendor won't sell to anyone unless the order size is six figures or
greater. This reduces the chance that the customer cares about either source
or the GPL. Even if the customer cares about the source, they may not want to
offend the vendor, e.g. lose early access to new features.

~~~
vog
_> E.g. the vendor won't sell [the source] to anyone unless the order size is
six figures or greater_

Note that this is illegal in GPL v2. It contains a clause to prevent exactly
that kind of malicious behaviour:

 _> ... for a charge no more than your cost of physically performing source
distribution, a complete machine-readable copy of the corresponding source
code ..._

However, GPL v3 explicitly allows for that practice:

 _> You may charge any price or no price for each copy that you convey, and
you may offer support or warranty protection for a fee._

~~~
walterbell
Sadly they are charging for binaries and most customers are unaware there is
GPL source associated with the binaries.

~~~
db48x
If the customer is inattentive enough that they don't notice the licence,
that's their own fault.

------
db48x
I really like that they spell out what free software they use; that's a good
sign.

