Indy Users Can't Use Community Code, Share Code or Buy Cod
Posted: Sat Jul 23, 2016 4:51 pm
My objective here is to be told we are wrong, and posted here because the answers affect all LiveCode users, possibly even the future of LiveCode. It is a legitimate concern and question, and we like to see some public elucidation. (This has been discussed on the email list, including by users whom are lawyers. The questions and information are disturbing).
I have simple questions, but first a preamble: Six months ago, we decided to embrace LiveCode. I stupidly did not actually read the EULA, and committed time, money and resources to LiveCode. We are Indy. We contributed to efforts such as Infinite LiveCode.
We even went further: we informed the 14,572 programmers using our other software tools we would be converting our tools to LiveCode (Ironically, I received over 156 negative emails about that announcement, revolving mostly about the expense of LiveCode and the licensing). I even have meetings scheduled with our county school board to discuss using LiveCode as part of their STEM initiative. So we have invested a lot in LiveCode, but have concerns.
All of that is on hold for the moment. Based on how the LiveCode EULA reads to us (I have added extracts from the EULA below), I have simple questions:
1) Does LiveCode, as it appears, consider any product or code created with LiveCode a "derivative work" of LiveCode and thus under the control of your license?
[Such as not being able to sell our created code or have others resell our Apps]
2) Does LiveCode consider it a violation for Indy users to use/include ANY code/widgets/stacks/cards etc. created by others - whether purchased from them, or 'released' by them - AND a violation to use/include any code/widgets/stacks/cards etc. that were created using the Community Edition?
3) Specifically, does LiveCode EULA
...prohibit sharing code/widgets/stacks/cards - snippets or otherwise, between community users and Indy business users ?
...prohibit using any code/widgets/stacks/cards created by others (in any edition)?
...prohibit dual licensing?
...prohibit Indy users from using ANYTHING created on the Community Edition?
...prohibit Indy from doing what we want with code/widgets/stacks/cards we create - OUR intellectual property?
...prohibit Indy users from using any code/widgets/stacks/cards created by sub-contractors/work for hire?
(Could you imagine anyone ever using JAVA if Sun Microsystems had such a restrictive license?)
4) Does LiveCode intend to keep these restrictions as is?
I would like a simple yes/no answer to these questions - not looking for debate about why, or debate if the EULA license is even enforceable, or if it's allowed under current Copyright Law, etc., etc.
If the answer to these questions is "yes," the restrictions will affect all of us. And the future of LiveCode becomes not a matter of their vision or the innovation, but one crippled by overly-restrictive licensing issues. I would hate to see that, much less see our commitment to LiveCode become a mistake. The best, most innovative tool in the world is useless if using it is excessively restrictive and legal nightmare.
Sid B.
VP, Marketing
Dead Parrot Software Inc.
Some excerpts from the EULA:
From Section 1
...Licensed Edition does not include access to the LiveCode engine source code found in the Community Edition. This Licensed Edition is not compatible with the terms of the GPL and such software may not be incorporated or utilized with this Licensed Edition...
[You can not use ANY code, stacks, cards, widgets, etc. created on the Community Edition EVEN IF created by you. THEY chose the "incompatible GPL" license for the community edition. Could have used MIT2, LGPL, etc.]
...create derivative works based upon these Restricted Files. [the LiveCode files] Using any of the Restricted Files with an edition of LiveCode other than the one it was distributed in is also prohibited. This exclusion includes but is not limited to prohibiting you from using the Licensed Edition to build a standalone using or incorporating GPL code....
[Again, You can not use ANY code, stacks, cards, widgets, etc.]
From Section 2
The general purpose of the restrictions in this section is...intended to prevent conferring on holders of any other LiveCode license, including the Community Edition, the ability to create software equivalent to what can be normally only be created by holders of this Licensed Edition...
[convoluted, but you can not create code/widgets for the Community Edition if you are Indy]
From Section 3
...You are prohibited from using the Licensed Edition to build standalone applications for others where You are not the author of the application...
[No sub-contractors, work for hire programmers, etc. for code OR for widgets]
...You are prohibited from using the Licensed Edition to password protect or otherwise secure LiveCode stacks substantially created by anyone other than You...
[No code sharing or using Community addition code or sub-contactors or work for hire, etc.]
This clause is intended to prevent you from conferring the ability to others to distribute closed-source applications, including stacks, without [them] purchasing a license.
[ no one can resell or distribute products you create, even with your permission or license]
There are other sections equally...unsettling.
I have simple questions, but first a preamble: Six months ago, we decided to embrace LiveCode. I stupidly did not actually read the EULA, and committed time, money and resources to LiveCode. We are Indy. We contributed to efforts such as Infinite LiveCode.
We even went further: we informed the 14,572 programmers using our other software tools we would be converting our tools to LiveCode (Ironically, I received over 156 negative emails about that announcement, revolving mostly about the expense of LiveCode and the licensing). I even have meetings scheduled with our county school board to discuss using LiveCode as part of their STEM initiative. So we have invested a lot in LiveCode, but have concerns.
All of that is on hold for the moment. Based on how the LiveCode EULA reads to us (I have added extracts from the EULA below), I have simple questions:
1) Does LiveCode, as it appears, consider any product or code created with LiveCode a "derivative work" of LiveCode and thus under the control of your license?
[Such as not being able to sell our created code or have others resell our Apps]
2) Does LiveCode consider it a violation for Indy users to use/include ANY code/widgets/stacks/cards etc. created by others - whether purchased from them, or 'released' by them - AND a violation to use/include any code/widgets/stacks/cards etc. that were created using the Community Edition?
3) Specifically, does LiveCode EULA
...prohibit sharing code/widgets/stacks/cards - snippets or otherwise, between community users and Indy business users ?
...prohibit using any code/widgets/stacks/cards created by others (in any edition)?
...prohibit dual licensing?
...prohibit Indy users from using ANYTHING created on the Community Edition?
...prohibit Indy from doing what we want with code/widgets/stacks/cards we create - OUR intellectual property?
...prohibit Indy users from using any code/widgets/stacks/cards created by sub-contractors/work for hire?
(Could you imagine anyone ever using JAVA if Sun Microsystems had such a restrictive license?)
4) Does LiveCode intend to keep these restrictions as is?
I would like a simple yes/no answer to these questions - not looking for debate about why, or debate if the EULA license is even enforceable, or if it's allowed under current Copyright Law, etc., etc.
If the answer to these questions is "yes," the restrictions will affect all of us. And the future of LiveCode becomes not a matter of their vision or the innovation, but one crippled by overly-restrictive licensing issues. I would hate to see that, much less see our commitment to LiveCode become a mistake. The best, most innovative tool in the world is useless if using it is excessively restrictive and legal nightmare.
Sid B.
VP, Marketing
Dead Parrot Software Inc.
Some excerpts from the EULA:
From Section 1
...Licensed Edition does not include access to the LiveCode engine source code found in the Community Edition. This Licensed Edition is not compatible with the terms of the GPL and such software may not be incorporated or utilized with this Licensed Edition...
[You can not use ANY code, stacks, cards, widgets, etc. created on the Community Edition EVEN IF created by you. THEY chose the "incompatible GPL" license for the community edition. Could have used MIT2, LGPL, etc.]
...create derivative works based upon these Restricted Files. [the LiveCode files] Using any of the Restricted Files with an edition of LiveCode other than the one it was distributed in is also prohibited. This exclusion includes but is not limited to prohibiting you from using the Licensed Edition to build a standalone using or incorporating GPL code....
[Again, You can not use ANY code, stacks, cards, widgets, etc.]
From Section 2
The general purpose of the restrictions in this section is...intended to prevent conferring on holders of any other LiveCode license, including the Community Edition, the ability to create software equivalent to what can be normally only be created by holders of this Licensed Edition...
[convoluted, but you can not create code/widgets for the Community Edition if you are Indy]
From Section 3
...You are prohibited from using the Licensed Edition to build standalone applications for others where You are not the author of the application...
[No sub-contractors, work for hire programmers, etc. for code OR for widgets]
...You are prohibited from using the Licensed Edition to password protect or otherwise secure LiveCode stacks substantially created by anyone other than You...
[No code sharing or using Community addition code or sub-contactors or work for hire, etc.]
This clause is intended to prevent you from conferring the ability to others to distribute closed-source applications, including stacks, without [them] purchasing a license.
[ no one can resell or distribute products you create, even with your permission or license]
There are other sections equally...unsettling.