(you're probably sick of these!) License Question (private use)

[rmwebs]

Hi,

First let me say I'm sorry for 'yet another' license thread. I've been running searches on here for about 2 hours trying to find an answer but alas couldn't find one.

Basically I'm interested in using ExtJS for a project. However the project is basically something that wont be distributed (e.g sold or downloadable). It'll be a web-app for my customers.

From what I understand of the GPL3, you can use a GPL3 product for private use and choose not to distribute it. Since my project wouldn't technically be a commercial project (Because I'm not selling it or letting anyone see the source), does that mean it falls under the opensource license?

I'm more than happy to drop some of the parts back into the community, however the nature of the project does mean that I cant let some files out due to both security, and the fact that they would be totally useless to anyone.

I really just wanted some clarification if possible as the License and it's FAQ don't deal with anything other than commercial (in the sense of selling the code) and opensource (in the sense of free distribution).

If I wasn't able to do it under the GPL I cant really proceed as the project isn't something that'll make money to cover the cost of a developer license.

Thanks for your time!

[jay@moduscreate.com]

have you tried contacting licensing@sencha.com?

[rmwebs]

Yeah dropped an email over to them too. If I get a response via email first I'll post it here as I'm sure others are wondering the same.

Cheers

[jmdesp]

It'll be a web-app for my customers.

From what I understand of the GPL3, you can use a GPL3 product for private use and choose not to distribute it. Since my project wouldn't technically be a commercial project (Because I'm not selling it or letting anyone see the source), does that mean it falls under the opensource license?

I will answer here with regards to the general rules governing GPL3 software, for which Sencha Touch is just a specific example.

You can use it under the GPL3 license if :
- your client gets the full source of your app
- you make your client aware that he has obtained the source of your app under the GPL3 license and may use it in all the ways the GPL3 license gives him the right to, with *no* further restriction
- you client accepts that he will only be able to use the source under GPL3, and *not* under conditions that are available only for commercial users.

If Sencha Touch had been under the GPL2 license and as it's a web only app, you would have had the option of not giving the source to your client. But not with GPL3.
Of course, if you buy the commercial license, you don't have to give your client the full source anymore.