Subscription/Service Fees

[Eric Jacobs]

"Karsten M. Self" <kmself at ix.netcom.com>:

> > I wasn't thinking of any form of copying restriction, only having it 
> > clearly stated in the license that if you continue to use the software
> > you are required to pay $x to xyz inc.
> > 
> Nope.
> 
> Violates #7:  "The rights attached to the program must apply to all to 
> whom the program is redistributed without the need for execution of an 
> additional license by those parties".
> 
> http://www.opensource.org/docs/definition.html

How is there an additional license required? A requirement to pay somebody
something does not imply that an additional license is required. I believe
the original poster is envisioning it simply as a clause in the (sole)
license.
 
> You can charge for subscriptions to updates (Cf:  Red Hat).  You can't 
> charge for ongoing execution rights.

Of course not. "Execution rights" are not among the exclusive rights
listed in 17 USC 106 (assuming we are talking about a copyright license
in the US), so it makes no sense to talk about granting them. A shareware
style requirement to pay for use is not a matter of granting (or not
granting) specific rights, but of imposing obligations in return for the
rights which are granted. Clearly, #7 does not apply.

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