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Thread: Software Licensing Question

  1. #1
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    Default Software Licensing Question

    I've created this software for the company I work for and the software has proved to be useful to the company. I deployed the software without any license agreement between me and the company (I didn't care about licensing it because I developed the software using open-source Qt). My company is now showing interest in buying the software and the rights. I know its not possible for me to sell a software developed using an open-source tool but is there a way around this (perhaps buy commercial license of Qt and recompile). Thanking you in advance.

  2. #2
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    Default Re: Software Licensing Question

    You can sell the software developed by you, even if it is based on open source Qt.
    When you know how to do it then you may do it wrong.
    When you don't know how to do it then it is not that you may do it wrong but you may not do it right.

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    Default Re: Software Licensing Question

    Quote Originally Posted by ayanda83 View Post
    I know its not possible for me to sell a software developed using an open-source tool
    Why would that not be possible?

    That's what most of the software industry does these days.

    Cheers,
    _

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    Default Re: Software Licensing Question

    I obviously misunderstand the concept of open-source software. If the company buys the software, do they still have to make the source code available (I mean since the software is developed using open-source tools). Please excuse me if this sounds dumb, I'm not really familiar with the legal and licensing side of software development. What would be the process here if the company wanted to exclusively own the software and the rights to it.

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    Default Re: Software Licensing Question

    You could choose GPL or LGPL.

    It would be better to check with company's software legal team, under which license they want to buy, if the company is not of help then better choose LGPL (assuming you are using prebuilt Qt libs and not statically linking Qt code) and give these deliverables.

    1. Software executable you developed.
    2. Software source code you developed (not mandatory, depends if company want to buy source code too).
    3. Compatible Qt libs binaries required for your software to function. (or provide a link to download from Qt site).

    and an invoice of course
    When you know how to do it then you may do it wrong.
    When you don't know how to do it then it is not that you may do it wrong but you may not do it right.

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    Default Re: Software Licensing Question

    Quote Originally Posted by ayanda83 View Post
    I obviously misunderstand the concept of open-source software. If the company buys the software, do they still have to make the source code available (I mean since the software is developed using open-source tools). Please excuse me if this sounds dumb, I'm not really familiar with the legal and licensing side of software development. What would be the process here if the company wanted to exclusively own the software and the rights to it.
    Tools usually don't affect the program at all, e.g. the license of the compiler's code does usually not affect which license can be used for the program.

    When it comes to libraries, the licenses need to be compatible.

    For example if you are using Qt with its LGPL license option, then someone getting the program has the rights to access to the code of Qt, but not the code of the application.
    If you are using the GPL option, then the recipient of the combined work has the rights to access to the combined source.

    Neither GPL nor LGPL make any restrictions on selling the program.
    Neither license takes away your rights on your code, they both apply rules on distribution.

    If you have not distributed your program yet, then you can do whatever you want.
    If you have already distributed your program, then you will have to take into account any rights you've already granted, e.g. to those you've distributed to.

    Cheers,
    _

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    Default Re: Software Licensing Question

    @Op: A few years ago I was in exactly the same situation: My employer showed interest in distributing an application I had developed at home using Qt , Qwt and a few other open source projects. We proceeded as follows:
    1. I compiled a complete list of open source libraries and tools used for building the binary of my application. This list also included the mode of linking (static or dynamic). The company lawyer then evaluated if the company may sell the binaries as regular product without distributing the source code of the application. In my case this was possible. As Qt and some other libraries were used under the LGPL license, the company has to provide source code for these libraries upon customer request and it has to ensure that the customer can use its own binaries of these libraries if he wants to. The result of the lawyer research was that the company may distribute the binaries of my application under the restrictions set up by the LGPL projects (Qt, Qwt, ...) that the application links dynamically.
    2. Other developers of the company tested my application and we set up a list of bugs to be fixed and enhancements required together with a time schedule before continuing contract negotiation. This list became part of the contract.
    3. We set up a contract where I (the developer of the application) grant my employer the exclusive right on the source code I have developed to compile binaries and distribute them, modify the sources, ... . The contract also describes the "boundaries" of my deliverables (it's not possible for the company to request more and more features over time without paying for it!). Of course other types of contract are possible. I also evaluated a model where I would provide binaries of the application to the company for resale. But after getting a little bit more familiar with the implications of this (tax, warranty, ... ) I agreed to the company proposal of giving them the rights in the source code.

    What would be the process here if the company wanted to exclusively own the software and the rights to it.
    As far as I understand this (I'm not a lawyer) this depends on the country you live in. In Germany (my country) the most simple way to achieve this is to give the company the exclusive right to modify, distribute, ... the source code. This prevents me from distributing the application myself or selling the source code to someone else (e.g. a competitor).

    As a summary, it was a good deal for both the company and myself.

    So good luck with your negotiations.
    ars
    Last edited by ars; 26th February 2017 at 14:38. Reason: updated contents

  8. The following user says thank you to ars for this useful post:

    ayanda83 (27th February 2017)

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