Dual-Licensing Situation

[Arnoud Engelfriet]

AR wrote:
> I'm looking at a situation where someone has released some code under 
> both GPLv2 and a proprietary license.  I'm being told this:  If you 
> develop (and do not distribute) code using our GPL code, you cannot then 
> get a proprietary license for your code.  That is, if I merely *use* 
> their GPL code, I forfeit the right to buy a proprietary license.  Isn't 
> that a further restriction placed upon my code by them, and therefore a 
> violation of the GPL?

I don't see how. You don't lose any rights granted to you by
the GPL. More importantly, the copyright holder cannot violate a
license he grants to you.

> 3. The consequences of running the GPLv2 release of the dual-licensed 
> code mentioned above with my code is that I lose my right to buy a 
> proprietary license for my code.

You don't have a right to buy anything from anyone. In any commercial
transactions both parties have to *agree* to complete the transaction.
A party cannot demand that the other party sells something.

> 4. Therefore, the GPLv2 has been violated.

Even if your theory is correct, the only consequence is that you
can't use the GPLv2 version (it self-destructs upon breach) and
the company won't sell you the proprietary version. That seems
kind of painful for you.

I do wonder how they company is going to prove that I did use their
GPLv2-licensed code on my computer if no acts of distribution occur.

Arnoud

-- 
ICT-jurist, blogger en octrooigemachtigde ~ Partner bij ICTRecht.nl
   http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/