Licensing – How to Take an Open Source Project to Closed Source

closed-sourcelegallicensing

How is it legally possible to take a project initially released as open source back to closed source? Especially one licensed with the GPL any version.

Best Answer

There are two things here:

  • revoking the open source license which has been given. It will probably depend on the text of the license. If the license has no provision, I'm not sure it is possible if the licensee hasn't infringed it. And some license like GPL version 3, are explicit in that:

All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met.

  • re-licensing under other terms. It is possible as long as you get the agreement of all copyright holders. If you had the foresight to get it before accepting the contributions (some GNU projects like GCC ask you to assign the copyright to the FSF for instance) it is easy. If you didn't, it will be difficult (some project do that voluntarily so that a change of license is in practice impossible, getting the agreement of everybody or tracking and removing the contributions of those who didn't being impractical).

(Mandatory mention: I'm not a lawyer, see yours, and some aspect may be localised and depend on your jurisdiction).

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