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Gnu Gpl

and copyrigth notice

         

lukasz

2:28 am on Feb 8, 2004 (gmt 0)

10+ Year Member



I have a question about CMS (content management systems) released under GNU GPL(General Public License).
Some of the CMS add their own copyright notice and link at the bottom of the page.
From legal point of view, I am allowed to change any piece of the source code. Yet they usually state that I should not remove that copyright notice.
I checked GNU page but I couldnft find an answer to the question:
Can I legally remove such copyright notice?
I would like to avoid a discussion about moral grounds of such removal.

ergophobe

6:17 pm on Feb 8, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



As someone whose work is protected by copyright, I think it's one of the few cases where you can say that *usually* if it's legal, it's moral, since the legal standard for copyright is pretty strict. So I would just worry about what's legal.

Disclaimer: I am neither a lawyer nor knowledgeable about the GPL. Much better to find someone who is.

From the GPL


You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

To me, that means on each copy of the source code not on every page that the source code generates.

However, it gets a bit sticky. According to the GPL, section 2.c,


If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

I believe this is intended for compiled programs run from the command line where many users would be using them without having the source code. But one can certainly consider that a CMS script is interactive. However, it also has the possibility of having a link to a page on licensing and does not need the license displayed on each page (and if it were, it would be important to note that the license applies to the CMS not to the content of the page).

Would it count if you "print" an HTML comment, so the copyright is in the HTML source but not displayed on the page? I'm not sure about that.

The last clause is important. If the program normally displays such a notice, it seems that you are, in fact, legally bound to leave it. Note, however, that PhpBB by default includes a copyright notice at the bottom of each page, but they do not interpret the GPL to mean that you must retain that notice. Their interpretation [phpbb.com] is focussed entirely on the source code:


* If you modify sections of phpBB and then decide to distribute it (which is not compulsory), you must ensure the modified files carry prominent notices stating that you changed the files and the date of any change. If you do distribute modifications, they must be released under the GPL.
* You must retain any copyright notices in the code.

That, I would think would be the normal interpretation, but based on the GPL language, I could imagine a court having a stricter view.

bird

10:29 pm on Feb 8, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You own the copyright of the page generated by the software, and the software authors don't. Any notice at the bottom of the page that simply says "copyright 2004 software author" is therefore false, and consequently illegal.

However, they *may* require you to place a note there "generated by this software". But this would be an additional requirement, independently from the GPL. I can't see how generating HTML pages is covered there. The clause ergophobe dug up explicitly talks about programs that "normally read commands interactively", which is not the case for a CMS.

And lastly, just because the author wrote some clause into the license conditions doesn't necessarily mean that the requirements established by that clause are legally enforcible. If in doubt, as always, ask an experienced copyright lawyer.

ergophobe

12:18 am on Feb 9, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month




The clause ergophobe dug up explicitly talks about programs that "normally read commands interactively", which is not the case for a CMS.

As I said, this would be the normal interpretation, but I wonder if the other side had good lawyers how a court might actually come down on this. I don't know, I'm just raising the question.