Commercial GPL: restrict source code access [closed]

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Hello and good day to you.

I have a GPL/LGPL-related question.

Let's say that I made a derived work based on GPL-licensed or LGPL-licensed software (not much of a difference - derived work means I made change to source code and have to release source code to public), and decided to sell it as commercial application (or as a part of commercial application - in case of LGPL).

Am I allowed to grant access to source code (which includes all standard GPL rights to modify/redistribute) ONLY to people that actually got the software directly from me, and refuse to give source code to everybody else?. (If a somebody got software got it from somewhere else, I would tell him/her to contact the person he got software from). Such approach would make a lot of sense. However, I'm not sure if this is actually allowed by GPL.

Illustration:
I sell software. A person "A" purchases software from me and asks for source. I provide source code to "A". A person "B" gets a copy from "A", and asks me for a source code. I refuse to give him source code, and tell him that he should contact "A" regarding that matter. This is clearly not a proprietary license. Is it allowed or not?

What do you think?

Answer 1

I am a software developer and not a lawyer, so don't expect specific legal help:

Am I allowed to grant access to source code (which includes all standard GPL rights to modify/redistribute) ONLY to people that actually got the software directly from me, and refuse to give source code to everybody else?. (If a somebody got software got it from somewhere else, I would tell him/her to contact the person he got software from). Such approach would make a lot of sense. However, I'm not sure if this is actually allowed by GPL.

If you distribute your software under GPL to someone else (Person A), you give that person the right to get the source-code as well. The easiest way is to give the source-code with the work together. Then you have satisfied that requirement. Person A got the source already from you with the program. Job done.

If now Person C comes to you and tells you that she had heard that Person A has a software under GPL from you and now Person C wants the source-code, then you can tell person C that you didn't distribute the program to her so there is no obligation for you to give her the program at all. What's true for the program is true for the source as well (unless you've given the written statement to provide sources to any third-party).

The GPL does not disallow this. You only need to provide the source to the person you have been distributing the software to (unless you've given the written statement to provide sources to any third-party). And if you already passed the source once, you don't have to do it again. Would be nice, but there is no requirement. And yeah it would be nice as well to give your software to others, too, but there is no need (unless you've given the written statement to provide sources to any third-party).

You decide on your own to whom you distribute the software and the source to. The license does not force you to distribute the software at all or to everybody that runs across (unless you've given the written statement to provide sources to any third-party).

Edit:

I think, you might want to take a look into the GPL FAQ, here is a selection of questions that might be helpful:

• Does the GPL require that source code of modified versions be posted to the public?
• If I know someone has a copy of a GPL-covered program, can I demand he give me a copy?
• What does “written offer valid for any third party” mean in GPLv2? Does that mean everyone in the world can get the source to any GPL'ed program no matter what?
• GPLv2 says that modified versions, if released, must be “licensed … to all third parties.” Who are these third parties?

and so on.

Answer 2

No. If your project contains code under GPL, your entire code must also be released under the GPL, and you must grant free access to the source to anyone.

The GPL was designed to prevent exactly what you are trying to do: reselling open-source code under a closed-source license. Even if you find a legal loophole which would allow what you want, it would still be against the spirit of the license, so ethically speaking, you'd still be wrong.