Licensing issues with customised Knoppix

**evilfry** · 11-16-2004, 07:58 AM

Hi everyone,

I will be customising Knoppix to run our company's proprietory softwares and sell it to customers

I would like to know whether there will be any breach in licensing , or what should I include or do to prevent such things from happening.

Thanks in advance

**j.drake** · 11-16-2004, 02:55 PM

I'm pretty sure it's straight GPL. Consequently, you will not have any right to keep others (including competitors) from using it.

You may have some issues if you use the Knoppix name. I'm not sure that GPL addresses that. Given the message on the Knoppix homepage, I doubt that there is a software patent.

Depending upon what you do and how you do it, you could be putting your company's proprietary software at risk of falling under the GPL. Before taking that risk, I would spend some time talking to an intellectual property attorney.

jd

**bactram** · 11-16-2004, 04:24 PM

IANAL, but it should be OK. Knoppix and the software on it are GPL (pretty sure), so you can redistribute it. You *should* be able to include your own software on your own licence. You'd be selling your own code and Knoppix and the GPL stuff can go along for the ride. You shouldn't call your remaster Knoppix because it will confuse people.

**UnderScore** · 11-16-2004, 05:13 PM

Most of the licenses should be either GPL, LGPL, BSD modified, or other open source license like the PHP license or the Perl license. Mysql is on the Knoppix CD and is GPL. However, there may be content licensed under a non-comercial use license. I would guess that Adobe acrobat reader included with Knoppix is under such a license. With all of that in mind ...

Originally Posted by j.drake

Before taking that risk, I would spend some time talking to an intellectual property attorney.

j.drake is right. Thats exactly what I would do.

**probono** · 11-16-2004, 06:30 PM

I am not a legal expert, but if I were you, I would put my proprietary software on an USB stick so that it is completely separate from the Knoppix CD. This way, it would be obvious for everyone which part is Open Source (the CD) and which part is not (the stick).

If you have to combine everything on one CD, you should do as much as you can to not make it look like your software was "part of" or "integrated with" the rest. Remember, most law professionals are not IT professionals

**gnarvaja** · 11-17-2004, 02:36 AM

Originally Posted by probono

I am not a legal expert, but if I were you, I would put my proprietary software on an USB stick so that it is completely separate from the Knoppix CD. This way, it would be obvious for everyone which part is Open Source (the CD) and which part is not (the stick).

If you have to combine everything on one CD, you should do as much as you can to not make it look like your software was "part of" or "integrated with" the rest. Remember, most law professionals are not IT professionals

This does not solve the problem if the propietary software uses packages like MySQL or QT. These companies require the software that uses them to be GPL or purchase a commercial license. Check their website for more info on their particular license practices. If the software uses packages like OpenSSL, it can only be distributed under GPL terms.

Check the GNU site for details on the GPL:
http://www.gnu.org/licenses/gpl.html
http://www.gnu.org/licenses/gpl-faq.html

I hope this helps

**evilfry** · 11-17-2004, 02:41 AM

Hi All,

First off i would like to thank all of you for the prompt response. I am wondering however, instead of using a custom Knoppix live cd and selling it ( with my proprietory software in it ), I would instead do HDD install on servers and sell the whole package ( do I have to include the installation discs of the OS e.g Linux/Freebsd ) as well?

Please advice.

James

**gnarvaja** · 11-17-2004, 02:43 AM

Originally Posted by evilfry

First off i would like to thank all of you for the prompt response. I am wondering however, instead of using a custom Knoppix live cd and selling it ( with my proprietory software in it ), I would instead do HDD install on servers and sell the whole package ( do I have to include the installation discs of the OS e.g Linux/Freebsd ) as well?

The way you distribute and/or install your software doesn't change the legal issues.
Good luck

**j.drake** · 11-17-2004, 05:13 PM

Once again, evilfry, you are gambling with your company's proprietary software rights. Is it worth losing them if you are wrong? Are you willing to bet your job and career that the legal advice you get from nonlawyer geeks on a free forum is correct? The issue of concern isn't violation of Knoppix rights, but the potential loss of your company's intellectual property rights. Isn't it worth the few hundred it would cost to talk to someone who knows? Find a good IP (intellectual property) attorney who knows software rights, and buy an hour of her time.

jd