Come to think of it, I imagine the license has
language saying that it
cannot be superseded in part or in whole by any contradictory agreement.
—
Sent from mobile, with due apologies for brevity and errors.
On Feb 10, 2022, at 5:42 AM, Alex Balashov
<abalashov(a)evaristesys.com> wrote:
Is it legally possible for a customer to separately contract away a
right that the license otherwise affords them, such as the GPL right
to demand source code and then turn around and distribute that source
code?
I have to wonder if it’s possible in the US. It seems like it
shouldn’t be, but in principle, in the prevailing theme of
Anglo-American jurisprudence, it’s possible to contract away pretty
much anything, no matter how adverse to one’s interests, so long as
it is done “freely”.
—
Sent from mobile, with due apologies for brevity and errors.
> On Feb 10, 2022, at 2:37 AM, Henning Westerholt <hw(a)gilawa.com> wrote:
>
>
>
> Hello,
>
>
>
> just to add to the discussion:
>
>
>
> * Please have a look to the GPLv2 FAQ, many topics you’ve raised
> are discussed there
>
https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html
> * You should really consult a lawyer for this specific questions
>
>
>
> Regarding the licence of the configuration (native script vs. KEMI)
> – my understanding would be that a native Kamailio cfg script would
> be independent of GPL as its interpreted (and practically the
> customer gets the “source code” anyway). But KEMI LUA code that is
> pre-compiled would fall under the GPL, so the customer has a right
> to get the source code for it. Compare e.g., to this:
>
https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.html#IfInterpreterIsG…
>
>
>
> Cheers,
>
>
>
> Henning
>
>
>
> --
>
> Henning Westerholt –
https://skalatan.de/blog/
> <https://skalatan.de/blog/>
>
> Kamailio services –
https://gilawa.com <https://gilawa.com/>
>
>
>
> *From:* sr-users <sr-users-bounces(a)lists.kamailio.org> *On Behalf Of
> *Olle E. Johansson
> *Sent:* Thursday, February 10, 2022 8:13 AM
> *To:* Kamailio (SER) - Users Mailing List <sr-users(a)lists.kamailio.org>
> *Subject:* Re: [SR-Users] SEMS license with kamailio and rtpengine
>
>
>
> Hi Seven!
>
> Note that many of these questions open a legal discussion that has
> been going on for many years. I base my answers on what I know,
> which may not be the full truth. Regardless, I have been involved in
> these kind of discussions for almost 30 years of working in open source.
>
>
>
> First, note that there are two kind of situations to observe. One is
> when your application is executing in a system. The other is the
> license of the written source code files.
>
>
>
> Secondly, license and copyright are two different things. You always
> have the copyright to your source code.
>
>
>
> In Kamailio there are source code files that have a different
> license than the rest of the files. That means that if you copy that
> source code and create a new product that license applies.
>
>
>
> Kamailio as a whole is released under GPL version 2. When you run
> Kamailio in your server, that license applies to it all, regardless
> of the license of various source code files.
>
>
>
> Also note that I base this discussion on a delivery of a system to a
> customer. When you run Kamailio as a service you do not deliver
> (according to GPL v2) and the customer doesn’t have the same rights
> to the source.
>
>
>
> Also note that (as other persons has pointed out) that it’s the
> recipient of the binaries that has the rights, not the world. If I
> am not your customer, I can’t demand the source code according to
> the GPL. The customer that receives the code has the right to do
> whatever they want with it - like publishing the source on GitHub
> for the world to enjoy.
>
>
>
>
>
>
>
> 10 feb. 2022 kl. 00:16 skrev Seven Du <dujinfang(a)gmail.com>om>:
>
>
>
> I have some questions on this, e.g. on Kamailio:
>
>
>
> 1. The core and some modules is GPL. I packaged that without
> change, and sell to a customer. and when the customer asks for
> source, I told him to download from the kamailio website, since
> I didn't change anything. Is that correct?
>
> How you distribute the source code to the customer is irrelevant
> here. Note that if you end up having to provide it on a floppy disk
> or a USB stick, you can charge for that according to the GPL :-)
>
>
>
> 2. I can also host the source on my own website, with some more
> helper scripts for building and packaging. That should be better?
>
> I can’t judge if it’s better or worse, it has very little relevance
> to with the license. Just make sure that you include the signatures
> made by the Kamailio team so the customer can trace it back to the
> source and make sure there’s no changes.
>
>
>
>
>
> 3. I write a new module, 100% code wrote from scratch, just
> follow the module guidelines or example code to expose/add hooks
> to core, dynamically loaded into kamailio. Do I need to use GPL
> or can it be any license or even closed source? can I sell the
> standalone module in binary?
>
> Your source code has to be licensed in a license that can end up
> being compatible with GPL. You can not have a commercial license on
> it, since when executing it as part of Kamailio, GPL applies.
>
> Since your module ends up being GPL while running in a system you
> deliver for a fee or for free to your customer, your customers has a
> right to the source code.
>
>
>
>
>
>
>
> 4. my module still should be GPL since I have to call GPL code
> in kamailio source, e.g. string functions in core. or maybe it's
> ok if string functions in kamailio core is BSD?
>
> When executing ALL of Kamailio is GPL, including all linked modules.
>
>
>
>
>
> 5. If my module link to a 3rd party lib (e.g.
> libclosed-source.so or libclosed-source.a I think there's no
> difference?) which is not open source (but free to sell), can I
> sell it w/o the source of libclosed-source ?
>
> Linking means that you execute in the same processes and according
> to most this means that GPL applies. That’s why we have a lot of
> protocols where most people think that GPL does not apply, even
> though some people want to discuss that. In my personal view it’s ok
> to write commercial software that communicates over RPC or by using
> the http_client with Kamailio.
>
>
>
> In Asterisk, the license specially permits this use of the various
> Asterisk protocols since there was discussions. Most Asterisk
> developers believed it wasn’t necessary and that GPL did not apply
> when using protocol based API’s. But nevertheless, just to avoid
> discussions, this was clarified in the license.
>
>
>
> 6. If answer to 5 is yes, I can write my own
> libclosed-source and sell with whatever license?
>
> You can, but if it links to Kamailio in run-time, then it will at
> that point become GPL licensed regardless of what you have written.
> That’s why many companies stay away from GPL, especially libraries
> that are licensed with GPL, because it can affect your own licenses.
>
>
>
>
>
> 7. Regards to KEMI, if I write routing scripts with Lua
> (compiled with luac) and sell to a customer, should I open
> source the Lua code? The Lua code calls Kamailio core functions
> which might be GPL.
>
> That is an interesting question which I’m not ready to answer. I
> think the intention of the Kamailio dev team is that your code
> should not be affected by GPL, but we may want to clarify that.
>
>
>
> If you write a regular configuration script I would personally
> clearly think you have the rights to that. The idea with KEMI was to
> introduce modern ways of writing configuration scripts.
>
>
>
>
>
> Thanks. I don't mean to violate the GPL, just want to be clear
> and easier to understand the license.
>
> Always good to start the day with a GPL discussion :-)
>
>
>
> Cheers,
>
> /O
>
>
>
>
>
> On Wed, Feb 9, 2022 at 9:05 PM Henning Westerholt
> <hw(a)gilawa.com> wrote:
>
> Hello,
>
> (just to add the obvious disclaimer that this is not legal
> advice, I am not a lawyer).
>
> > [Would it be ok] if it were [using] a standalone service
> to which Kamailio interfaced using very narrowly confined
> and general-purpose communication channels?
>
> I do not think there is a problem regarding to the GPL in
> this case. Interfacing over SIP/HTTP/RPC/XMLRPC or other
> standard mechanism to a dedicated process would not
> establish a close coupling between Kamailio and the other code.
>
>
>
> I think it's correct. e.g. if you use evapi or http to talk to
> your service you don't have to open source your service code.
>
>
>
> Cheers,
>
> Henning
>
> --
> Henning Westerholt –
https://skalatan.de/blog/
> Kamailio services –
https://gilawa.com
>
> -----Original Message-----
> From: sr-users <sr-users-bounces(a)lists.kamailio.org> On
> Behalf Of Alex Balashov
> Sent: Wednesday, February 9, 2022 1:50 PM
> To: Kamailio (SER) - Users Mailing List
> <sr-users(a)lists.kamailio.org>
> Subject: Re: [SR-Users] SEMS license with kamailio and rtpengine
>
>
> > On Feb 9, 2022, at 7:46 AM, Henning Westerholt
> <hw(a)gilawa.com> wrote:
> >
> >> If modules are designed to run linked together in a
> shared address space, that almost surely means combining
> them into one program.”
> >
> > This is exactly what applies to Kamailio due to the core
> and module architecture. The core and modules also share
> common data structures and memory segments.
>
> I see. So, practically, the only way a custom module could
> be considered meaningfully separate according to these
> criteria is if it were a standalone service to which
> Kamailio interfaced using very narrowly confined and
> general-purpose communication channels?
>
> — Alex
>
> --
> Alex Balashov | Principal | Evariste Systems LLC
>
> Tel: +1-706-510-6800 / +1-800-250-5920 (toll-free)
> Web:
http://www.evaristesys.com/,
http://www.csrpswitch.com/
>
>
> __________________________________________________________
> Kamailio - Users Mailing List - Non Commercial Discussions
> * sr-users(a)lists.kamailio.org
> Important: keep the mailing list in the recipients, do not
> reply only to the sender!
> Edit mailing list options or unsubscribe:
> *
https://lists.kamailio.org/cgi-bin/mailman/listinfo/sr-users
> __________________________________________________________
> Kamailio - Users Mailing List - Non Commercial Discussions
> * sr-users(a)lists.kamailio.org
> Important: keep the mailing list in the recipients, do not
> reply only to the sender!
> Edit mailing list options or unsubscribe:
> *
https://lists.kamailio.org/cgi-bin/mailman/listinfo/sr-users
>
>
>
>
> --
>
> About:
http://about.me/dujinfang
> Blog:
http://www.dujinfang.com
> Proj:
http://www.freeswitch.org.cn
>
> __________________________________________________________
> Kamailio - Users Mailing List - Non Commercial Discussions
> * sr-users(a)lists.kamailio.org
> Important: keep the mailing list in the recipients, do not reply
> only to the sender!
> Edit mailing list options or unsubscribe:
> *
https://lists.kamailio.org/cgi-bin/mailman/listinfo/sr-users
>
>
>
> __________________________________________________________
> Kamailio - Users Mailing List - Non Commercial Discussions
> * sr-users(a)lists.kamailio.org
> Important: keep the mailing list in the recipients, do not reply
> only to the sender!
> Edit mailing list options or unsubscribe:
> *
https://lists.kamailio.org/cgi-bin/mailman/listinfo/sr-users
__________________________________________________________
Kamailio - Users Mailing List - Non Commercial Discussions
* sr-users(a)lists.kamailio.org
Important: keep the mailing list in the recipients, do not reply only to the sender!
Edit mailing list options or unsubscribe:
*