I asked nomachine and here is their actual license.
As I'd suspected the GPL components that they use NoMachine points out were GPL already and nearly 80% of the overall NX project.
Given that I'm not sure they can copyright those modules as they were based on other GPL projects... see URL: http://www.nomachine.com/ar/view.php?ar_id=AR10B00018
Under the NoMachine EULA <http://www.nomachine.com/licensing> it limits their copyright to the following programs:
*4.1 Commercial NoMachine Software
NoMachine Commercial Software consists of the following computer programs that have been developed by NoMachine:
- nxserver
- nxnode
- nxmanager
- nxclient
- nxapplet
- nxstat
NoMachine owns the copyrights and intellectual property in and to each item of NoMachine Commercial Software.*
The EULA also names all of the Open Source NoMachine programs separately that remain open.
The URL that Erik provided says:
Note also that to maintain the code ununcumbered of copyright, patents and licensing issues, it is required that you agree on giving to NoMachine a *Joint Copyright Assignment, granting the right to use your contributions in future NoMachine software, being this future software open or closed source and intended for commercial or non commercial use*. Such a JCA is standard in the industry, being required, for example, to contribute to Apache or to some projects sponsored by the GNU FSF. While *NoMachine releases its OSS software under the GPL license (a non-whitdrawable deal, ensuring that the software you contributed will be freely available forever under the terms of this same license*),* it is a requisite that NoMachine will maintain the full copyright on the software it develop*s.
So any code anyone's contributed since 2004 to NoMachine's programs (see the above list) just gives NoMachine JOINT copyright with the contributors.
There's only a question if any of x2go's current modules were directly derived from NoMachine's above "programs":
libssh nxcomp nxcompext xcompshad nxproxy x2goagent x2goclient x2gognomebindings x2goplugin x2goserver
Brian
*Article: #AR10B00018* Added on: 2004-10-04 Last Modified: 2011-01-12 Applies to: NX Licensing *Under what kind of license is NX distributed?* NX Server and NX Client are commercial products, distributed under a closed source licence <http://www.nomachine.com/licensing> but all the core libraries (for example libraries implementing X protocol compression), the modified X11 transport libraries (which implement proxying of any standard X client) and the NX agent (the program that runs X sessions on behalf of the user) are released under the GNU General Public Licence. They represent a huge part of the project, currently nearly 80% of all the time and resources dedicated to NX development. See our EULA for specific details: http://www.nomachine.com/licensing
Message: 3 Date: Wed, 2 Feb 2011 09:50:13 +0100 From: Erik Auerswald <auerswald@fg-networking.de> To: x2go-dev@lists.berlios.de Subject: Re: [X2go-dev] [Pkg-x2go-devel] Getting things started with x2goclient Message-ID: <20110202085013.GB24710@fgnfs.fg-networking.de> Content-Type: text/plain; charset=iso-8859-1
Hi,
On 02/01/2011 01:44 PM, Moritz Str?be wrote:
Am 01.02.2011 18:28, Gerry Reno schrieb:
Unless NoMachine completely rewrote the NX libs from scratch they cannot change the license nor can they fail to provide any updates made to
On Tue, Feb 01, 2011 at 01:53:27PM -0500, Gerry Reno wrote: that
code base. Once the GPL license is on a code base ALL derivatives that are distributed in any manner are covered under the GPL no matter who makes them.
Any code released under the GPL remains this way. This does not affect new releases done by the copyright holder.
No, this only applies if you license the code. Therefore they can re-license the code under whatever license they wish, as long as they don't violate the rights (licenses) of others.
Without knowing the entire history of the NX codebase, I would say that if they were accepting contributions from any contributors that made their contributions under the GPL then they, NoMachine, cannot just summarily change the license of the codebase.
They have the copyright on all code in NX, see their contribution guidelines: http://www.nomachine.com/ar/view.php?ar_id=AR12B00113
To spell it out: Nomachine can relicense the NX code any which way they want.
BTW this was the first google result for the query "contribute nomachine nx", a few seconds research would have saved many emails...
Erik
Hi,
On Wed, Feb 02, 2011 at 09:22:03AM -0500, brian mullan wrote:
No top-posting, please.
As I'd suspected the GPL components that they use NoMachine points out were GPL already and nearly 80% of the overall NX project.
Yes, _currently_ enough of the code is released under GPL to make use of NX technology with free software exclusively. There was a press release that in future there will be no free software NX release any more (URL below).
Given that I'm not sure they can copyright those modules as they were based on other GPL projects... see URL: http://www.nomachine.com/ar/view.php?ar_id=AR10B00018
NoMachine mentions X.org, XFree86 and OpenSSH. These projects are released under a BSD style license, NoMachine has no need to publish sources and/or changes regarding them.
Note also that to maintain the code ununcumbered of copyright, patents and licensing issues, it is required that you agree on giving to NoMachine a *Joint Copyright Assignment, granting the right to use your contributions in future NoMachine software, being this future software open or closed source and intended for commercial or non commercial use*.
They are so kind to leave you with your copyright, they just want the same rights themselves.
software under the GPL license (a non-whitdrawable deal, ensuring that the software you contributed will be freely available forever under the terms of this same license*),*
Of course, any code released under the GPL stays under the GPL. Other code released later (even if based on code that once was released under GPL) is not affected by this, if the releasing party has the copyright.
There's only a question if any of x2go's current modules were directly derived from NoMachine's above "programs":
Why? AFAIK there are no plans to change X2Go from GPL to some non-free license.
To summarize:
NoMachine said that starting with version 4 the NX software will be closed source only: http://www.nomachine.com/news-read.php?idnews=331
It is to assume that the free version 3 NX software will not be maintained (for long) by NoMachine after version 4 is released.
It is established that NoMachine is indeed allowed to do this.
Somebody needs to maintain the free NX software as long as it is used in e.g. X2Go.
The recent attempts to build against system libraries (which are more or less mandated by Debian policy[1]) are a step in the right direction to reduce the maintenance[2] burden.
[1] If X2Go shall be included in the Debian GNU/Linux distribution. [2] Both for the X2Go project and the X2Go Debian packagers/maintainers/ developers/whatevertheyarecalled.
Erik
Dipl.-Inform. Erik Auerswald http://www.fg-networking.de/ auerswald@fg-networking.de Tel: +49-631-4149988-0 Fax: +49-631-4149988-9
Gesellschaft für Fundamental Generic Networking mbH Geschäftsführung: Volker Bauer, Jörg Mayer Gerichtsstand: Amtsgericht Kaiserslautern - HRB: 3630
Hi Erik,
Am 02.02.2011 16:54, schrieb Erik Auerswald:
Why? AFAIK there are no plans to change X2Go from GPL to some non-free license.
Just to mention a thought of us: Some time ago we've discussed what it would mean for the project to change from GPL to AGPL (http://en.wikipedia.org/wiki/Affero_General_Public_License). But this should be discussed in public.
To summarize:
NoMachine said that starting with version 4 the NX software will be closed source only: http://www.nomachine.com/news-read.php?idnews=331
As far as I know: You can request a CD with all used OSS components used by NX4.
Regards,
Heinz
On 02/02/2011 11:18 AM, Heinz-M. Graesing wrote:
<snip> Just to mention a thought of us: Some time ago we've discussed what it would mean for the project to change from GPL to AGPL (http://en.wikipedia.org/wiki/Affero_General_Public_License). But this should be discussed in public.
<snip> Regards,
Heinz
Heinz, That might be a good idea, but the only issue about it is that some contributions were made specifically to the NX codebase under GPL v2 and v3 and did not say "GPL vXXX or higher". And the same may be true for x2go. And since x2go links NX libs I think this needs investigated.
Regards, Gerry
Hello Heinz,
On Wed, Feb 02, 2011 at 05:18:35PM +0100, Heinz-M. Graesing wrote:
Am 02.02.2011 16:54, schrieb Erik Auerswald:
Why? AFAIK there are no plans to change X2Go from GPL to some non-free license.
Just to mention a thought of us: Some time ago we've discussed what it would mean for the project to change from GPL to AGPL (http://en.wikipedia.org/wiki/Affero_General_Public_License). But this should be discussed in public.
Well, if you use AGPLv3 and have any relevant external sources available under GPLv3 and all external contributors agree that would be OK. Regarding such a change the biggest problem would be reaching all contributors to your code (if there are any ;), I would not expect any objections.
Erik
Dipl.-Inform. Erik Auerswald http://www.fg-networking.de/ auerswald@fg-networking.de Tel: +49-631-4149988-0 Fax: +49-631-4149988-9
Gesellschaft für Fundamental Generic Networking mbH Geschäftsführung: Volker Bauer, Jörg Mayer Gerichtsstand: Amtsgericht Kaiserslautern - HRB: 3630
On 02/02/2011 09:22 AM, brian mullan wrote:
<snip>
So any code anyone's contributed since 2004 to NoMachine's programs (see the above list) just gives NoMachine JOINT copyright with the contributors.
<snip>
And what about contributions that were made to NoMachine codebases prior to 2004? NoMachine project was releasing software prior to 2004.
You cannot just pick a point in time after the start of a codebase and require contributors give you joint rights only from that point forward.
It may be that NoMachine has acquired all the rights from all contributors ever in their codebase. It is not easy to do. Especially when many projects start out without formal processes and procedures to ensure audit trail and full accounting for all contributions.
So if new NX libs are closed source the question is can NM document that they have secured all or joint rights to every contribution in the NX codebase from every contributor, including prior to 2004? Or did NM completely rewrite the NX libs (I think this would be doubtful).
More to the immediate needs of x2go though is the fact that NX OSS is currently unmaintained.
And as pointed out, all the stakeholders in NX OSS need to join force to provide for the continuance of the NX OSS codebase.
Regards, Gerry
Hi,
On Wed, Feb 02, 2011 at 10:58:25AM -0500, Gerry Reno wrote:
On 02/02/2011 09:22 AM, brian mullan wrote:
So any code anyone's contributed since 2004 to NoMachine's programs (see the above list) just gives NoMachine JOINT copyright with the contributors.
And what about contributions that were made to NoMachine codebases prior to 2004? NoMachine project was releasing software prior to 2004.
Are there any? Are there any hints that possible contributors did not allow relicensing by NoMachine? Does anybody care?
You cannot just pick a point in time after the start of a codebase and require contributors give you joint rights only from that point forward.
You have no obligation to accept any contributions. Anyway, this discussion leads nowhere, I don't like NoMachine stopping GPL releases, but I don't see any _evidence_ that might inhibit them from doing so.
It may be that NoMachine has acquired all the rights from all contributors ever in their codebase. It is not easy to do. Especially when many projects start out without formal processes and procedures to ensure audit trail and full accounting for all contributions.
So if new NX libs are closed source the question is can NM document that they have secured all or joint rights to every contribution in the NX codebase from every contributor, including prior to 2004? Or did NM completely rewrite the NX libs (I think this would be doubtful).
The first time I heard about NX it was closed source with a GPL core, all released by NoMachine. At first glance they primarily used code with X/MIT/BSD/ISC style licenses.
My point is that we on this list don't know the exact licensing situation for the NX code. That is enough to just use the GPL code in combined or derived work. That is not enough to presume any further obligations on part of NoMachine.
More to the immediate needs of x2go though is the fact that NX OSS is currently unmaintained.
And as pointed out, all the stakeholders in NX OSS need to join force to provide for the continuance of the NX OSS codebase.
That would be good indeed.
Erik
Dipl.-Inform. Erik Auerswald http://www.fg-networking.de/ auerswald@fg-networking.de Tel: +49-631-4149988-0 Fax: +49-631-4149988-9
Gesellschaft für Fundamental Generic Networking mbH Geschäftsführung: Volker Bauer, Jörg Mayer Gerichtsstand: Amtsgericht Kaiserslautern - HRB: 3630
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brian mullan -
Erik Auerswald -
Gerry Reno -
Heinz-M. Graesing