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Hi I am an independent programmer I am deciding to create a commercial Program 3.0. But I also created this lite version of the same program minus some features that's called Program 1.0 which is freeware for others to use freely. So now I decide to make this 1.0 as GPL V3 and release the source for 1.0 but I keep my 3.0 closed source.

So now as I am the original author of the GPL 1.0 program so does it mean I hold the full rights to 1.0. And since my 3.0 program also uses the code from my 1.0 GPL program.

So will the GPL license force me to make my 3.0 program GPL open source too just because it uses code from MY 1.0 GPL?

Even if I am the orginal copyright holder of the GPL ed 1.0 program and I gave it that GPL license and made it freeware and open source. Will it force me to make my 3.0 commercial application GPL and open source too?

They say the GPL license is viral so how will it affect me?

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closed as off topic by Pascal Cuoq, Sathya, leppie, Abizern, Joe Feb 3 '12 at 17:39


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2 Answers

Disclaimer: I am not a lawyer.

Your Program 1.0 will need to stay GPL licensed and open source (which doesn't mean you can't demand money) for everyone who already obtained the GPLv3 licensed code you've distributed. GPLv3 explicitly forbids revoking the license. That's probably also one of the reasons more and more developers advise to use BSD style license for private projects.

You (as copyright holder of 1.0 and 3.0) can choose a BSD license for your Program 3.0 which reuses parts of Program 1.0 code. As author and copyright holder of Program 1.0 you can choose not to use GPLv3 any more also for 1.0 but (as said above) you can't forbid redistributing/changing of Program 1.0 code by others who gained it as it was under GPLv3 license.

http://openacs.org/about/licensing/open-source-licensing (see "So if I release something under the GPL, I can never take it back?" part)

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That of course is wrong. As the original author the OP can license his softwar any way he wants. He can use multiple licenses for different audiences. –  user647772 Feb 3 '12 at 8:40
Yes, you're right. He could take (let's say) BSD license for the code for newer versions which reuse the GPLv3 licensed code. But he'd need to keep the GPLv3 licensed code of Program 1.0 open. (I'll edit my answer) –  jham Feb 3 '12 at 8:44
You are correct if by "keep open" you mean he can't revoke the license for copies of the software already distributed to third parties. But he can at any time quit licensing the software to new third parties. –  user647772 Feb 3 '12 at 8:48
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Since you are the original author, you can do with your code whatever you want.

The GPL you are using for version 1.0 of your software doesn't bind you, it only binds the people you give the software to.

For many answers about the GPL take a look at http://www.gnu.org/licenses/gpl-faq

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