Re: [OT] Can I make a prototype Free and sell the final product?

From: Kevin B. McCarty (kmccarty_at_Princeton.EDU)
Date: 11/22/04

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    Date: Mon, 22 Nov 2004 17:18:26 -0500
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    William Ballard wrote:

    > I'm hacking together a little prototype for somebody, mostly as
    > a curiosity and kindness. It'll be just a prototype.
    > If they like it, I'll flesh it out and charge them money.
    >
    > Regardless, I'd like to put the prototype on SourceForge.
    > (It might help close a sale.)
    >
    > Do I need some kind of dual license?

    If you are the only copyright holder, you can license any copy in any
    way you like, regardless of the history of the code's licensing. So you
    can certainly do what you propose.

    One thing to consider: once you have released the prototype under an
    open source license, there is nothing to stop someone else from forking
    it and adding features to compete with your final commercial product.
    And if the license in question is the GPL, you will not be able to merge
    new code from the fork back into your product (without the permission of
    the forker).

    Finally, don't sell anyone the _copyright_ on the commercial product, or
    they might conceivably be able to sue you for continuing to distribute
    the open source prototype! The case of Eric Weisstein being sued by CRC
    over his "World of Mathematics" a.k.a. http://mathworld.wolfram.com
    comes to mind: http://slashdot.org/yro/01/11/06/2028252.shtml

    ObDisclaimer: IANAL, and you might get better advice on debian-legal.

    regards,

    -- 
    Kevin B. McCarty <kmccarty@princeton.edu>   Physics Department
    WWW: http://www.princeton.edu/~kmccarty/    Princeton University
    GPG public key ID: 4F83C751                 Princeton, NJ 08544
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