LinuxQuestions.org
Visit Jeremy's Blog.
Home Forums Tutorials Articles Register
Go Back   LinuxQuestions.org > Forums > Non-*NIX Forums > General
User Name
Password
General This forum is for non-technical general discussion which can include both Linux and non-Linux topics. Have fun!

Notices


Reply
  Search this Thread
Old 01-25-2006, 12:46 PM   #1
acratus
LQ Newbie
 
Registered: Jul 2004
Posts: 13

Rep: Reputation: 0
Legal Help


I am starting my own POS (point-of-sale) business, targeted specifically toward the pizza industry. I want to program it for linux and sell old throwaway computers prepackaged with linux and my new software to mom-and-pop restaurants.

What (if any) legal issues may I come across on my venture? As long as I'm selling the box and including the source code, I shouldn't have any legal troubles, yes?

Feel free to move this if there is a more suitable forum...
 
Old 01-25-2006, 01:13 PM   #2
kilgoretrout
Senior Member
 
Registered: Oct 2003
Posts: 2,988

Rep: Reputation: 388Reputation: 388Reputation: 388Reputation: 388
See an attorney in your area for legal advice. There are numerous legal issues for any small business owner that have nothing to do with open source. If you can't afford one, contact your local small business administration office for help:

http://www.sba.gov/
 
Old 01-25-2006, 01:38 PM   #3
acratus
LQ Newbie
 
Registered: Jul 2004
Posts: 13

Original Poster
Rep: Reputation: 0
I am specifically referring to open-source. My main concern is if I am breaking any license terms by selling my product when it is built on an open-source platform.
 
Old 01-25-2006, 02:13 PM   #4
xhi
Senior Member
 
Registered: Mar 2005
Location: USA::Pennsylvania
Distribution: Slackware
Posts: 1,065

Rep: Reputation: 45
IANAL, but
I cant see why you wouldnt be ok if you keep everything opensource.. a linux distro is about the same thing.. as long as you keep within the terms of the GPL (et al) i would not see why it would be a problem..

edit> by linux distro is about the same thing i mean that it is all opensource code that is sold by the particular distro, as long as they keep everything opensource within the distro, they can sell it.. or is there a difference? anyone?

Last edited by xhi; 01-25-2006 at 02:15 PM.
 
Old 01-25-2006, 04:05 PM   #5
AdaHacker
Member
 
Registered: Oct 2001
Location: Brockport, NY
Distribution: Kubuntu
Posts: 384

Rep: Reputation: 32
Selling a proprietary program built on an open-source foundation is not necessarily a license violation. It depends on what, if any, free components your program uses and how it uses them.

As for selling a box with the OS pre-installed, it depends on the distribution. Some distributions contain proprietary components that you may not be allowed to redistribute. With others, redistribution is not a problem. It all depends on the distro.

What you really need to do is determine what software you'd like to use for this venture and then read the licenses. There are lots of different open-source licenses and you can't make blanket statements about what is and is not permissible without referring to the license in question.
 
Old 01-25-2006, 04:34 PM   #6
Dragineez
Member
 
Registered: Oct 2005
Location: Annapolis
Distribution: Ubuntu
Posts: 278

Rep: Reputation: 41
Good Responses

You've gotten pretty good advice so far. Get the licenses for those components you will be using. Read them. Seek advice of counsel.

There shouldn't be any problem as there are many commercial applications based on OSS. You may have seen those bar-side game terminals in one or more of your local watering holes. Those are Linux based. Your POS system should have no more legal exposure from a licensing standpoint. I think your largest area of potential legal exposure is in program operation. If any of those calculations are wrong.......

Last edited by Dragineez; 01-26-2006 at 08:05 AM.
 
Old 01-25-2006, 06:09 PM   #7
cousinlucky
Member
 
Registered: Nov 2005
Location: Staten Island N.Y.
Distribution: Antix 16 and PCLinuxOS Mate
Posts: 303

Rep: Reputation: 515Reputation: 515Reputation: 515Reputation: 515Reputation: 515Reputation: 515
Depending on where you live and the brand names of the used computers you are going to be reselling could cause you problems later. Protect yourself by using a competent attorney and get all of the licenses and the tax identification numbers you are going to need.
 
Old 01-25-2006, 10:51 PM   #8
acratus
LQ Newbie
 
Registered: Jul 2004
Posts: 13

Original Poster
Rep: Reputation: 0
Thanks for your advice, everyone. It is a good point about the brands of computers I'm selling, but I would think a computer that's been out of the market 8-12 years (average age for a computer I'd use) would have little value to a computer manufacturer. What they could get out of it legally would be another matter, I suppose.

The software will more than likely be php / mysql / apache, X windows runing x11 and fluxbox, and the distro slackware. I'm going to try to build it off of a web server base because of data transmission ease and uncomplicated remote access. I'll need to check the licenses for all of those apps. I may even choose to build the app open-source and just sell the box as the box.
 
Old 01-26-2006, 06:48 AM   #9
cousinlucky
Member
 
Registered: Nov 2005
Location: Staten Island N.Y.
Distribution: Antix 16 and PCLinuxOS Mate
Posts: 303

Rep: Reputation: 515Reputation: 515Reputation: 515Reputation: 515Reputation: 515Reputation: 515
A Lawyer can steal more with his briefcase than a thousand guys with machine guns.
 
Old 01-26-2006, 07:03 AM   #10
Agrouf
Senior Member
 
Registered: Sep 2005
Location: France
Distribution: LFS
Posts: 1,596

Rep: Reputation: 80
You don't have to include the source code in the package, just to make it available to anyone who asks for it. Most people don't care about the source code. But if someone emails you and asks for the source code, you have to send it to him.

Last edited by Agrouf; 01-26-2006 at 07:04 AM.
 
  


Reply



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off



Similar Threads
Thread Thread Starter Forum Replies Last Post
Legal Question linux-rulz Solaris / OpenSolaris 9 06-19-2005 03:46 AM
download 9.3 legal gokulagiridaran SUSE / openSUSE 1 05-29-2005 08:01 AM
Legal issue... mhelliwell Linux - General 18 05-15-2005 01:00 PM
Ya think this is legal??? fenderman11111 General 8 02-04-2005 05:48 PM
Is it legal?!? shusseina Linux - Distributions 5 10-27-2002 02:09 AM

LinuxQuestions.org > Forums > Non-*NIX Forums > General

All times are GMT -5. The time now is 08:52 PM.

Main Menu
Advertisement
My LQ
Write for LQ
LinuxQuestions.org is looking for people interested in writing Editorials, Articles, Reviews, and more. If you'd like to contribute content, let us know.
Main Menu
Syndicate
RSS1  Latest Threads
RSS1  LQ News
Twitter: @linuxquestions
Open Source Consulting | Domain Registration