I've pasted Gerd Hoppe's reply to my inquiry below
Sadly, Gerd makes it quite clear that one needs a technology license
from Beckhoff to distribute an EtherCAT 'device', including a master
software stack, and that it is required to 'maintain compatibility' and,
as a special restriction in the case of software, that users of the code
be informed of these other restrictions.
I believe that these restrictions mean that neither the LinuxCNC project
nor anyone else may distribute EtherCAT drivers in source code form or
otherwise, since with EtherCAT drivers, the software would essentially
become an 'EtherCAT device' subject to Beckhoff's licensing requirements.
Distributing GPL code with the added requirement that users must be
informed that they are required to obtain a license to redistribute is
clearly a GPL violation and copyright infringement.
John
From: Gerd Hoppe <g.hoppe@...>
Date: Oct 24, 2013 11:56 AM
Subject: RE: EtherCAT Master licensing clarification
Dear John Morris,
thank you for inquiry in this matter. Let me try to answer this
question to the extend Beckhoff can contribute to it. Beckhoff is the
inventor of EtherCAT and has brought the technology to market with great
success worldwide. It finds wide acceptance with users and product
(device) manufacturers around the globe and across all industries.
The licensing model for the technology itself is very simple:
For users of products containing EtherCAT technology
Just for clarification; as with any other licensed technology; the use
of products containing EtherCAT technology e.g. in order to build a
machine from EtherCAT products such as drives, I/O, controls, etc. ,
does not require an extra license to the technology. Products may come
with other licenses for use from their vendors.
For product /device manufacturers
Making, marketing and sale of a product making use of the EtherCAT
technology requires membership in the ETG and licensing of the
technology which comes at marginal cost for slave device licenses, and
at no cost for master device licenses, provided however the devices or
products maintain compatibility for the communication standard. This
being said, Beckhoff makes no representation about code of third parties
(such as, but not limited to, ISG) but only about the requirement of
licensing the technology for device or product manufacturers.
Obviously, if a product is a master stack software, a vendor of the
master stack or the master device does require a technology license
agreement for the master product at no cost with Beckhoff. As such, we
request master stack manufacturers pass this information along to users
of code including a link to Beckhoff as licensor to the technology.
Btw. it is not necessary to license code from Beckhoff under any
software license agreement for someone desiring to make use of the
master technology, or in other words, use of the technology can be made
by means of own code. We can not make any representation about the
licensing terms of third parties for code or products. However, we will
not give up or dilute our licensing terms to the technology as this is
the warrant to compatibility of todays and future network devices for
EtherCAT, a highly desired feature of a communication technology –
please understand. We have expressed no other position in this matter
at all times to all ETG members, including but not limited to ISG. On a
side note: for ease of use, Beckhoff does offer own software products
for users and device manufacturers of EtherCAT.
Any further question about product or code licenses should be addressed
to suppliers of such products.
I hope that this clarifies the matter and we wish an enjoyable
experience with EtherCAT for your projects.
With best regards,
Gerd Hoppe
Corporate Management
c/o BECKHOFF Automation GmbH
Eiserstrasse 5
33415 Verl
phone: +49 5246-963-130
fax: +49 5246-963-9130
mobile: +49 151 12009511
mail to: g.ho...@beckhoff.com
Beckhoff Automation GmbH | Managing Director: Dipl. Phys. Hans Beckhoff,
Arnold Beckhoff
Registered office: Verl, Germany | Register court: Gütersloh HRB 1803
-----Ursprüngliche Nachricht-----
Von: John Morris <john@...>
Gesendet: Dienstag, 22. Oktober 2013 19:43
An: Vertrieb Verl
Cc: sl@...; Sascha Ittner
Betreff: EtherCAT Master licensing clarification
Dear Beckhoff Automation GmbH representative,
Recently, a driver [1] for LinuxCNC, a GPLv2-licensed open-source
machine controller, was written for the IgH EtherCAT Master for Linux.
During discussions about the driver's integration into the LinuxCNC
source, questions about licensing arose.
The IgH EtherCAT implementation webpage [1] states that the code is
licensed under the GPL. However, it also states that Beckhoff
Automation GmbH may reserve additional rights.
Those familiar with the GPL know that adding "further restrictions" (as
stated in the license) outside the GPL itself effectively creates a new,
GPL-incompatible license. If the IgH code is distributed under a
GPL-incompatible license, then the Linux kernel's GPL license prohibits
distribution of binaries of the IgH implementation.
It is unclear what restrictions Beckhoff would add, but the licensing
FAQ on ethercat.org [2] does say,
[...] EtherCAT implementations have to be compatible, and nobody
may change the technology in a way that prevents others to use it.
This "further restriction" would render the IgH implementation
incompatible with the GPL. I hope that Beckhoff means for that
restriction to apply only to slave implementations, since master
implementation licensing is clearly more liberal. However, it is
unknown whether Beckhoff wishes to impose that or other restrictions on
master implementations in general, or the IgH implementation in particular.
Would Beckhoff please clarify its position on whether Beckhoff, as the
EtherCAT technology licensor, wishes to place any restrictions (outside
those of the GPL) on the IgH EtherCAT Master for Linux implementation?
If Beckhoff wishes to place any restrictions on the code at all (outside
those stated in the GPL), the IgH implementation's license is
GPL-incompatible, and may not be combined with other GPL works.
If Beckhoff wishes to impose no such restrictions, the stated GPL
license stands and the LinuxCNC and other projects may distribute binary
packages.
I eagerly await your response. Easy-to-install EtherCAT software
packages for Linux would open up many new possibilities. Thank you-
John
[1]
https://github.com/sittner/linuxcnc/tree/add-hal-ethercat/src/hal/drivers/ethercat
[2] http://etherlab.org/en/ethercat/
[3] http://www.ethercat.org/en/faq.html#787
CC: Sylvia Schlüter, IgH
CC: Sascha Ittner, LinuxCNC EtherCAT driver author
--
John Morris
President and Chief Technologist
Dovetail Automata LLC
Tel. +1 (888) 762-6569 Ext. 101
Fax +1 (888) 432-3734
http://www.dovetail-automata.com
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