Re: [Linuxsampler-devel] Fwd: Re: Linuxsampler and Zynthian Project

[Christian S. <sch...@li...>]

On Tuesday, June 28, 2016 13:12:14 José Fernando Moyano wrote:
> Hi Christian!
> 
> El 23/06/16 a las 14:20, Christian Schoenebeck escribió:
> > And that's the point where the game changes. As soon as you sell either a
> > software or hardware in conjunction with LinuxSampler, it becomes a
> > commercial product using LinuxSampler. And to be clear on that: at this
> > point "somebody"
> 1.) We don't sell any software. Never. All the software we create is GPLed.

Got that.

> 2.) The hardware we sell as DIY kits is very generic. It's not designed
> to work with LinuxSampler in anyway. It can run Linuxsampler in the same
> way a Laptop or a Desktop computer can run LinuxSampler. It's a generic
> sound-dedicated small-computer.

If the hardware is not designed, nor intended to be used with LinuxSampler, 
then there is nothing your should be worried about. But I guess there is some 
reason why you came over here and asked. So there is probably some kind of 
intention for it to be used with LinuxSampler, isn't it?

> I suposse that Dell, Compaq or any Clonic Builder/Reseller don't violate
> the LinuxSampler license, althought they can claim that their "devices"
> can run LinuxSampler. Zynthian case is the same, with a different User
> Interface, based in RotaryEncoders+Switches instead of Mouse+Keyboard.

Well, obviously Dell computers etc. are sold as general purpose computers. So 
the difference between those hardware products and probably "yours" (whoever 
actually sells the hardware in the end) is that "you" probably create a 
connection between "your" hardware product and LinuxSampler. Now the question 
is what kind of connection is that? Do you ship the hardware with LinuxSampler 
already installed? Do you ship the hardware with an installer which is going 
to automatically install LinuxSampler for the customer? Do you promote your 
hardware product to provide a sampler and that sampler is LinuxSampler? Do you 
conduct workshops where you promote and/or sell your hardware products in 
connection with LinuxSampler? Anything else I probably did not mention?

You know there are a load of people who contact us who want to sell hardware 
products with LinuxSampler, and most of them do not want to acquire a 
commercial license for it, so they always try to argue why they think they 
don't need to ask us for permission to use the sampler with a commercial 
product. But in the end in 99% of the cases they are just trying to find a way 
to circumvent our commercial restriction. And that is the primary reason why 
this sampler is not distributed under a pure FOSS standard license, because 
most commercial actors are just exploiting open source components to sell 
products without any intention to give back *anything* to the people who 
created those open source components.

I mean you came over here, and instead of first asking like "Hey, we probably 
might want to use the sampler with a commercial hardware product, could we get 
the permission to do so?", instead you immediately start a discussion why, 
from your point of view, you don't have to ask us for any permission at all. 
But the fact that you came over here and started a discussions about it shows 
that you are not convinced about your own claims by yourself. For good 
reasons.

If "you" gain money by selling commercial products based on open source 
components, would it be *THAT* problematic to only forward a small subset of 
the profit you made to the people who created those open source components, 
components which actually added real value to your product(s)? If you had 
asked me that polite question mentioned by me above and I had answered: "You 
know what, forward us couple cents of each device you sell and you can do 
that", would you still invest energy and time to discuss license details over 
here? Would it hurt you? Would you sell less devices? But the sad fact is that 
you, like most other ones, cannot even consider that.

> > asks for money, so that specific person (and accordingly the company or
> > organization (s)he legally acts on behalf) would violate the license.
> > 
> > There is nothing wrong to offer free open source software in conjunction
> > with LinuxSampler on websites to the public, free of charge for
> > everybody. Nor is it wrong to conduct work shops for money. This was
> > never our objection. But selling a hardware kit with or for LinuxSampler
> > without our prior permission is clearly violating the license.
> > 
> > Does this make it more clear?
> 
> I hope yes. We want to be friends, please ;-)

Well, so far I rather get the impression that your only intention is to use 
the sampler with products for free, without any obligations. Not to make any 
friendship over here. I mean have you ever been active in some way over here? 
Have you ever sent any patch or discussed technical issues here, asked how you 
could help this project, answered questions of users on this list or on the 
forum or whatever?

CU
Christian