On Sep 18, 2014, at 3:42 PM, Duncan Murdoch <murdoch.dun...@gmail.com> wrote:

> On 18/09/2014 2:35 PM, Marc Schwartz wrote:
>> On Sep 18, 2014, at 4:36 AM, Pasu <pasupat...@gmail.com> wrote:
>> 
>> > Hi
>> >
>> > I would like to know how to use R in our commercial business application
>> > which we plan to host in cloud or deploy on customer's premise.
>> >
>> > 1. Using R and its package, does it enforce that my commercial business
>> > application should be distributed under GPL, as the statistical derivation
>> > (output) by using R will be presented to the end users as part of of our
>> > commercial business application
>> > 2. Whom to contact to get commercial license if required for using R?
>> >
>> > Rgds
>> > Pasupathy
>> 
>> 
>> You will not get a definitive legal opinion here and my comments below do 
>> not represent any formal opinion on the part of any organization.
>> 
>> There is nothing preventing you or your company from using R as an end user. 
>> There are many of us who use R in commercial settings and in general, the 
>> output of a GPL'd application (text or binary) is not considered to be also 
>> GPL'd.
>> 
>> The subtleties get into the distribution of R (which you seem to plan to 
>> do), the nature of any additional functionality/code that you or your 
>> company may write/distribute, how that code interacts with R and/or modifies 
>> R source code copyrighted by the R Foundation and others. If you distribute 
>> R to clients, you will need to make R's source code available to them in 
>> some manner along with any modifications to that same code, while preserving 
>> appropriate copyrights.
>> 
>> A proprietary (closed source) application cannot be licensed under the GPL, 
>> but your company's application/code may be forced to be GPL (the so called 
>> viral aspect of the GPL) depending upon how your application is implemented 
>> as I noted in the prior paragraph. Thus, you may be forced to make your 
>> source code available to your clients as well.
>> 
>> If you plan to move forward, you should consult with an attorney well 
>> educated in software licensing and distribution issues, especially as they 
>> pertain to the GPL. The risks are not inconsequential of falling on the 
>> wrong side of the GPL.
>> 
>> The official R distribution is not available via a commercial or developer 
>> license, but there are commercial vendors of R and a Google search will 
>> point you in their direction, if desired. However, since their products are 
>> founded upon the official R distribution and the GPL, they will have similar 
>> issues with respect to any enhancements that they have created and 
>> therefore, your concerns do not necessarily go away. They will have also 
>> consulted legal counsel on these issues because the viability of their 
>> business depends upon it.
> 
> I agree with all of that but for one thing:  not all distributions are built 
> on the GPL'd original.  I believe Tibco is selling an independent 
> implementation.
> 
> Duncan Murdoch


Thanks Duncan, I stand corrected. 

A quick Google search supports the point that the Tibco "TERR" system is an 
independent, closed-source, "re-implementation" of R, not based upon GPL R.

Regards,

Marc

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