Is any JavaScript code used only for websites, open source?

Question

Rewritten question:

I'm not asking a JavaScript-related question, but all "client" languages used on the web (HTML5, JavaScript, CSS, and so on). If I put JavaScript code (that is GPLed) on my website, and this website is accessible from anyone over the web, am I violating the GPL in some way?

What happens if I would like to sell the client-code (HTML, CSS, JavaScript) to someone? Do I need a different license in this case?

Isn't JavaScript (when used for websites) always open source? When you open a webpage you can always read the source.

Do I also need to release my server-side code if I'm selling a website which contains JavaScript GPLed code?

What happens if this website is partially accessible (a part is free and the other requires you to pay) but the GPLed code (the same part) is used on both sides of the website?

What if the GPLed code is only in a part of the website that requires you to pay to access it?

If I'm selling a website to a customer in this way:

1. I'm selling you (one time fee) all client-related code (JavaScript, HTML and CSS)
2. I'm not selling you the server-side code, you're renting it (I don't want to let you reuse my server-side code)

If I'm using some JavaScript GPLed code, am I violating something? (The website is accessible from anyone over the web.)

Edit 2:

Added a new specific question:

What if the website can work without server-side code, I mean, JavaScript is just calling some PHP pages that contains data in JSON format. Other people can build a website with the client side, but they will need to provide data. In this case JavaScript is calling the "PHP" code (but not the opposite) I think. In this case, am I violating GPL?

Answer 1

When it comes to GPL, the unit of release is the unit of licensing.

If your web site, and its javascript are a single thing that works together, then the whole has an effective license. If any part is GPL, the effective license of the whole is GPL. (This is not true for LGPL, MIT, etc.)

If you are hosting the web site, and your customers are buying access to the service, then you have not distributed or conveyed the server side code, thus the GPL is irrelevant. (The AGPL changes this, and asserts that Software as a service must have its source released.)

Javascript that is part of your application in not automatically licensed in any way. Strictly speaking, downloading the javascript to run it in the browser is copyright infringement. Of course, that is silly. There's probably an implied license to run the code, but that is all.

If you use a Javascript library, then you have to obey the license of that library. If that license is GPL, my understand is that that means your whole application is GPL. This is probably why jQuery has a dual license -- your choice, MIT or GPL. Without the option to use the MIT license, it could only be used by GPL apps.

Answer 2

First: You are entirely entitled to use Open Source code in commercial projects so long as you adhere to the license restrictions (that is primarily that you leave all attributions in place and that you make any changes available under a similar license).

The GPL is, I understand, one of the more restrictive licenses when it comes to trying to force it's licenses on other parts of a project. I don't think it's ever been tested in court but a generally the interpretation I've always seen is that if the GPL code is left in it's own separate modules which are just referenced (that is that they are treated as entirely stand alone products which you are just using), you should be fine.

If you're not sure about this though and/or want to be extra safe there are other less prescriptive licenses.

Second: Ability to see code and the rights to use it are entirely separate. I can't go and take JavaScript off off any site and use it just because I can see it. If I got access to the Windows source, even legally, that doesn't make it mine. The web makes it necessary that a lot of code is visible, you can still license it how you want.

Third: In terms of the license the rest of the site is under, it's highly unlikely that your client will be happy paying you for something then you making it open source. Aside from the basic "why have we paid for something you've just given away", it will likely have consequences for design and branding and allowing someone else to borrow elements of their corporate identity. If you're selling it to them then they will want it to be theirs. If you are going to sell them bits of it though you do need to tell them that there is OSS in there as you can't sell that, just other code which uses that.

Fourth: That's a very odd model selling one bit of the code and renting the other. They would seem to be so heavily interdependent that one is largely worthless without the other. I suppose technically they might take the front end design you've done and patch it into something else but generally when that happens people just start over.

Given that the two parts aren't really that useful without each other, I'd propose that they pay for customisation to a software as a service product which you own. That is you own all the code, you just customise it to their specification (that is brand the front end their way). Makes it far neater and simpler.

Answer 3

Generally speaking, if you are using GPL code anywhere in your project, and you redistribute your project (i.e. sell it or give it to others) you must release the source code of your project to the public in its entirety in order to be compliant with the GPL license.

If you are providing your own public-facing website as a service using GPL code server-side, you might be OK, as this is not considered redistribution.

Javascript code in the browser seems like a grey area to me. Technically, you are redistributing the GPL code to everyone's browser, which would trigger the requirement to release your own source.

Edit: To prove my point, I will now include text from the licensing FAQ of the ExtJS website. ExtJs is a Javascript framework licensed under the GPL. This is their interpretation of how the license works with respect to their framework (italics mine):

Derived Works
When a software program calls code that is licensed under the GPLv3, then that software program becomes a derived work of the GPL’d code and hence subject to the GPLv3 copyright license. If the software program is then “conveyed” to a user, the GPLv3 requires that the source code to that software program also be “conveyed.” “Conveyance” for a web application is triggered when a user outside the legal entity that created the application uses the application.

The Definition of a Software Program
For software programs built using today’s web architectures that use remote network-based service interfaces for internal communication instead of traditional static or dynamic linking, the relevant software program is the totality of the application code, including code executed on the server and code executed on the client, provided that the server code is integral to the application.

Example
Let’s say that the application has a front-end (that generates web pages linked to Ext JS JavaScript) that communicates over JSON/HTTP with a backend service. This backend service contains approval and validation logic for this application alone. Even if only the front-end uses Ext JS code, you should consider that the combination of front and back ends constitutes the application, and the source code for both back and front end would need to be provided to the application’s end users under GPLv3 if the application is used by an end-user who is not part of the same legal entity that holds the GPLv3 license to the Ext JS code.

Answer 4

For a website with client-side javascript, they still own the code. If you were to simply take that code and use it as your own, that would probably be IP infringement. I guess I don't know if they don't include a license with it. There are un-enforceability issues too. Talk to a lawyer I guess, but they're probably not going to tell you anything useful.

Projects with a mix of licenses are complicated. GPL'd code that interacts with other libraries, presumably including server-side back ends, requires them to be GPL'd as well. Other open source licenses are less stringent, like the LGPL, and the BSD license.

And no, if you don't want him to reuse your php code, then that doesn't fit into the GPL model. If you release your code under GPL, then you are OBLIGATED to hand over the source code.

So it sounds like you're making a website for someone and you don't want to hand out your code to anyone. Why are you looking at open source at all? If it's open source, you're giving away the code.