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up vote 13 down vote favorite

My situation:

I have a continuous contract with a single client for "IT services". I am developing a web application that is completely custom to their needs. As part of the agreement the application will be installed on the client premises and used internally in their company.

Some key points:

  • The client will receive the full source code
  • There is no place to "download/buy" this application for the public
  • It is impossible for somebody else to buy this application
  • The application is one of many delivered to the client as part of the contract.

I have found a Javascript library that is dual licenced under GPL/commercial. I would like to use this library in my web app (but not modify it in any way)

Can I use the GPL version of the library in the application? Or do I need to buy a licence?

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4  
It depends on the terms under which the client receives the code from you. If you give them full GPL rights, then you can include other GPL stuff. – RemcoGerlich yesterday
    
"I am developing a web application that is completely custom to their needs." -- If you're using external libraries, then arguably, no, you're not. Regardless of any possible GPL violation, please double-check that you're allowed to use external libraries like that in the first place under the terms of your contract with the client. It could well be fine, it's just that based on how you worded your question, it could also well not be fine. – hvd 1 hour ago

1 Answer 1

up vote 20 down vote accepted

When you acquire a GPL license for this product, build upon it, make a product, and transfer it to your client, there can be two scenarios, and in neither case it is a problem.

In the first case, you write the software as work for hire and transfer the copyright to your client. In that case, there was never any distribution as meant in the GPL. Effectively they created the software.

In the second case, you write the software and retain the ownership. In that case, when you distribute it to your client, you must do so under the terms of the GPL.

The only difference between the two scenarios is who hold the copyright. In the second case you are free to re-redistribute the software to others (under the terms of the GPL). In the first you are not.

In neither case does the GPL pose any problem. In both cases, the license requires from your client that if they choose to distribute the software (which they don't plan on doing), they have to do so under the GPL.

However, some organisations don't want to use any GPL code (they usually make an exception for Linux) because they believe there are problems with using GPL code. This is usually FUD, but something to be aware of nonetheless.

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@apsillers thanks (also, oops). I posted in the midst of rephrasing that I'm afraid. – Martijn yesterday
1  
Thanks! You described it perfectly. This was work for hire and it is their code now. – kazanaki yesterday
1  
"This is usually FUD" - Well... in this case maybe not. What if the client later decides to start selling some modified version of the web application, or rolls some of the code into another product? In both cases you describe, the GPL could create logistical problems. Now, if the client is e.g. a manufacturer, they probably won't do that, but you have to check. – Kevin yesterday
1  
@Martijn: Companies change their minds all the time. It pays to be prepared. – Kevin 23 hours ago
2  
@Kevin which is why the answer explains what the restrictions are in the 5th paragraph – Martijn 23 hours ago

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