Question about licensing modules/modifications etc

[spott]

Hi all

Today I get e-mail from user Nommam, who has develop Home Evolution module.

I share this module also in my PrestaPortal page - http://prestaportal.com/thread-756.html

Nommam wants, that I remove this module. I looked forward to find answer - why. And I found answer from this thread (in French, but I used Google Translator) http://www.prestashop.com/forums/viewthread/45182/P45/#229647

As I understand - Nommam wants remove all hes modules - as he doesn't get any donations.

So I open this module to check is there some copy right notification - but nothing. So - I even doesn't know now - is Nommam real owner of the whole code or not. But that is not the main question right now. I am sure that Nommam wrote all this code itself. I found small text in one code with links to the same threads. But there is nothing about licensing. So - the original owner - can make with this code what he likes.

And now the main problem, what I discover for me.

When the module/theme/modification owner - doesn't add license and usage terms to his product - what is then used?

PrestaShop uses OSL license - but as I understand - this is not covering third party modules - and its right. When module/thee writer wants to sell product - he as this right. And he can also use some other licensing terms, when he is owner of the code.

But when no information about license and usage has given - whats then? You have find some good module from forum - You are using that, Your shop generating revenue thanks for that. And then - hop You are getting e-mail from the module writer/owner - "You are using my code/module but I want license fee for that now. You need to pay me .... EUR or we see You in court"

So You downloaded free module what owner before share, but he now changes mind and wants license fee.
Situation is the same like right now with Nommam - there was no information before about sharing. As it was free module - I share that also. But now - owner wants to change everything. And as there is no licensing terms - he as all legal right to do so. Or not?

So I am thinking, that PrestaShop needs to add somewhere in core product license that point - that when third party module/modification/theme etc maker - doesn't add license to his work - then automatically will the work covered with OSL license as PrestaShop. The code owner has then automatically the copyright what is needed - and all users - they don't need to think about that, that some bad guy can sue them.


I hope You understand my point English is not my first or second language

[Burhan BVK]

As far as I know when someone releases a work to public for free, they can not later on start charging people. As long as he has originally stated or openly implied that people are free to use his module, that is it, you can use it on your site. This of course does not apply to future versions he has not released to the public.

But, unless otherwise specified, he is still the copyright owner. So you can not re-distribute the module, resell it or resell the derivative works, unless there is an explicit license stating that you can.

[spott]

As far as I know when someone releases a work to public for free, they can not later on start charging people. As long as he has originally stated or openly implied that people are free to use his module, that is it, you can use it on your site. This of course does not apply to future versions he has not released to the public.

where is this written?

I take one of the first modules from Third Party Modules forum:
http://www.prestashop.com/forums/viewthread/52315/third_party_modules/module_next_and_previous_links_on_the_product_page

This is only example!!!

There is no wording - free - nowhere in the first post or in none of the files. Only author - Nethercott Constructions

And where is warranty to the store owner - that he doesn't get claim from Nethercott Constructions for using their work?

Rocky - when You are looking this topic -Your module is only example, what I found at first page.

What I want to show, that we have licensing hole in community. When license is not set-up, then the owner (there is even possibility, that first owner sells hes work to new owner, who wants to make money with that) has possibility to change it mind every time he likes. And as we can see - at many cases there even doesn't have this word "free" - it mean, that module maker can contact each store, who uses his module and claim to stop using this module or pay a fee.


There is no question about Nommam - when he can confirm, that he has full rights to all code - I can remove it from PrestPortal.

But where is the warranty, that next time some body doesn't contact with store owners and claims them for using hes property?

[Star]

Rocky has a legal notice page here.

http://www.nethercottconstructions.com/content/3-terms-and-conditions

[spott]

Inside modules and here - there is no link to this page. But how I told - Rocky was only example.

[rocky]

Thank you for raising this question. I've expanded upon my terms and conditions page and have added a link to the page on all my product pages and in will add it to all future releases of my module code.

[Jack]

Working in the legal field, I hate to see people do things illegally.

I just saw a website posted a set of modules illegally in their shop. http://shop.ddlx.org/581--module-prestashop-news-blog.html

These modules owner has stated the legal notice in this thread.

http://www.prestashop.com/forums/viewthread/46529/third_party_modules/contribution_news_modulemod

It stated that all of download links have to be in the original place http://www.eihwazblog.com/category.php?id_category=1. I don't understand why the shop still illegally posted the modules in their shop. It really disturbs to see such actions are taking place. I have informed the modules owner about this shop's illegal action.