Licensing recommendation to me for 13+ version

[juma]

Hi!

What licensing do you recommend (to me, not company) for this scenario (typical personal-company use):
- I want to use FFS at home (my PC) and at work (company PC, no admin);
- Some syncs are between home-work by USB flash drive or Google Drive.

But with this constraint:
The company isn't willing to pay licenses nor being bothered with "Please, install for me. I have a personal license". I know it suc.. But I can only use non-installable software (alas scoop or portable) and IT is like "Do not disturb us else I'll deny it".

I am currently using a Donation license (portable variant) in a USB flash drive. May I?

[xCSxXenon]

Commercial use is anything that directly or indirectly contributes towards monetary gain. Lawyers could argue this for hours and each side will sound correct. With that said, these lawyers would be expensive and would not be worth paying to chase a single user in a muddy gray area, if you know what I mean.
Ultimately it's up to the dev's interpretation of "commercial use"

[juma]

@xCSxXenon Use at home is not the big issue here. The issue is I cannot use the Business edition at company (no admin power, no IT help) and the Donation portable edition cannot be used commercially. And I agree with you. My post is oriented to Zenju or anyone with same case.

My hope is to be allowed to use the Donation portable edition at company though restricted to only 1 PC, but paying a Business license (20 euros / year). Or maybe other agreement because I really like FFS but I can't put the company in an "illegal use of software" situation.

[Zenju]

If you buy something privately, but then use it for your work, it's obviously commercial use. Nothing gray about that.

[juma]

If you buy something privately, but then use it for your work, it's obviously commercial use. Nothing gray about that.

Hi, Zenju.

Supposing your response encompass all my post:

I understand my case needs 2 Business licenses (40 euros/year): one for home PC + one for company PC.

And portable binary is PROHIBITED IN ALL CASES for commercial use. NO EXCEPTIONS! Portable binary is ONLY for private use.

That's my reading about your nothing gray response. Is it?

Cheers.

[xCSxXenon]

If you buy something privately, but then use it for your work, it's obviously commercial use. Nothing gray about that.

Here's why it's a gray area:
- You can't buy the donation edition, you only receive it from donating
- FFS is described as "open source", by you, and open source software is explicitly allowed to be used for commercial use without restriction. This is also corroborated with the GPL included with the source code
- Since the donation edition uses code licensed under GPL, it also must be licensed under GPL, thus making it open source and allowed to be used for commercial use

Actually, I'm starting to fully believe it isn't a gray area and that you aren't allowed to prevent either the free or donation edition from being used commercially. Now, of course, you have no obligation for support/warranty, and that is something the business license could provide for purchase. Again, I am not a lawyer, this is simply my interpretation. My brother is a practicing attorney though, with a focus on IP law, so I should bring this up to him at the Christmas party LOL

[Zenju]

- You can't buy the donation edition, you only receive it from donating

That's correct.

- FFS is described as "open source", by you, and open source software is explicitly allowed to be used for commercial use without restriction. This is also corroborated with the GPL included with the source code

That's not correct. Neither the "Donation Edition", nor the "Business Edition" are GPL, only the "Standard" edition's source is GPL-licensed.

- Since the donation edition uses code licensed under GPL, it also must be licensed under GPL, thus making it open source and allowed to be used for commercial use

No, that's not true. As the author and copyright owner it is my right to add exceptions to the GPL license as I see fit. There is no need to use the GPL license in derivate works.

[xCSxXenon]

- Since the donation edition uses code licensed under GPL, it also must be licensed under GPL, thus making it open source and allowed to be used for commercial use

No, that's not true. As the author and copyright owner it is my right to add exceptions to the GPL license as I see fit. There is no need to use the GPL license in derivate works.

Good consideration... That only applies if you are using someone else's open source code in your own project. But that does still mean the standard version can be used commercially if it's licensed with GPL

[juma]

If you buy something privately, but then use it for your work, it's obviously commercial use. Nothing gray about that.

Hi, Zenju.

Supposing your response encompass all my post:

I understand my case needs 2 Business licenses (40 euros/year): one for home PC + one for company PC.

And portable binary is PROHIBITED IN ALL CASES for commercial use. NO EXCEPTIONS! Portable binary is ONLY for private use.

That's my reading about your nothing gray response. Is it?

@Zenju and @xCSxXenon I will stay away from your side-discussion about GPL.
@Zenju Did you see my post above? Is that the black and white interpretation you told?

[Zenju]

Good consideration... That only applies if you are using someone else's open source code in your own project.

Correct. And FreeFileSync does not use other GPL-licensed code.

But that does still mean the standard version can be used commercially if it's licensed with GPL

That's a big if! It should be clear by now, that the intent is that the "Donation" and "Standard" FreeFileSync editions may not be used commercially.

How this intent is communicated is more a technicality: If someone claims that the FAQ item is not authoritative for whatever reason, I can also update the license text with the very same restriction.

Until now it seemed to me that writing additional legal texts is not the best use of my time, just to make a few lawyers understand what's up while every normal person can read and understand the FAQ.

[juma]

It should be clear by now, that the intent is that the "Donation" and "Standard" FreeFileSync editions may not be used commercially.

Got it, Zenju. I can't use FFS anymore and I'm removing it from my PC at home and from the USB flash drive.

Cheers.

[xCSxXenon]

Good conversation! Lots of valuable info I will take with me as I venture into my own endeavors!