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Open source OpenVPN license question

Posted: Mon Oct 17, 2022 6:44 am
by vicn1222
Hi, I am trying to set up my own VPN server using the open source version of OpenVPN in my CentOS 9 machine, and my customers will download the "OpenVPN connect" from app store to connect to my server using my own configuration to log into my VPN server. I will charge my customers a small fee for that. Will OpenVPN connect licensing allow me to do?

Thank you!

-Frank

Re: Open source OpenVPN license question

Posted: Mon Oct 17, 2022 7:27 am
by ordex
Sure, this is what most VPN providers do. However note that OpenVPN2 and OpenVPN Connect are distributed under different licenses. The latter is closed source while the former is GPLv2.

Re: Open source OpenVPN license question

Posted: Mon Oct 17, 2022 4:23 pm
by vicn1222
ordex wrote:
Mon Oct 17, 2022 7:27 am
Sure, this is what most VPN providers do. However note that OpenVPN2 and OpenVPN Connect are distributed under different licenses. The latter is closed source while the former is GPLv2.
"OpenVPN Connect" is exactly what I asked because of the closed source. I want to be more specific here.

If my customers download "OpenVPN Connect" app from App store, then connect to my server using my certificate. I charge a small fee for the connection. Is this allowed?

Many thanks

Re: Open source OpenVPN license question

Posted: Mon Oct 17, 2022 4:37 pm
by TinCanTech
Moved to My VPN

Because it does not fit anywhere else.

Also, the title "Open source OpenVPN license question" is inaccurate,
this is not about the Open Source version of OpenVPN.

Re: Open source OpenVPN license question

Posted: Mon Oct 17, 2022 7:15 pm
by ordex
vicn1222 wrote:
Mon Oct 17, 2022 4:23 pm
"OpenVPN Connect" is exactly what I asked because of the closed source. I want to be more specific here.

If my customers download "OpenVPN Connect" app from App store, then connect to my server using my certificate. I charge a small fee for the connection. Is this allowed?
If you want a definitive answer, I think only a lawyer could give you that.
But as far as I am concerned, getting paid to provide a service is unrelated to downloading a client, therefore the two activities are totally disconnected. Regardless of the license.

Re: Open source OpenVPN license question

Posted: Mon Oct 17, 2022 7:17 pm
by vicn1222
ordex wrote:
Mon Oct 17, 2022 7:15 pm

If you want a definitive answer, I think only a lawyer could give you that.
But as far as I am concerned, getting paid to provide a service is unrelated to downloading a client, therefore the two activities are totally disconnected. Regardless of the license.
Do you have a licensing agreement for "OpenVPN Connect" somewhere? Please post a link here. I can't find from anywhere.

Many thanks.

Re: Open source OpenVPN license question

Posted: Tue Oct 18, 2022 9:04 am
by openvpn_inc
Hello vinc1222,

It is bundled in OpenVPN Connect and shows when you install and run it first time. 95% of it is repeating license details for libraries used in the program such as MIT license and such, which is required when you take an open source program and use it and distribute it as part of your (commercial) program. The only relevant bit that speaks about OpenVPN Connect itself is this part;

OpenVPN Connect End User License Agreement (OpenVPN Connect EULA)

1. Copyright Notice: OpenVPN Connect License;
Copyright (c) 2009-2022 OpenVPN, Inc. All rights reserved.
"OpenVPN" is a registered trademark of OpenVPN, Inc.
2. Redistribution of OpenVPN Connect binary forms and documents, are permitted provided that redistributions of OpenVPN Connect binary forms and documents must reproduce the above copyright notice.
3. You agree not to reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of this software, or create derivative works from this software.
4. OpenVPN Connect is bundled with other open source software components, some of which fall under different licenses. By using OpenVPN or any of the bundled components, you agree to be bound by the conditions of the license for each respective component.
5. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OPENVPN, INC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
* * *
OpenVPN trademark
-----------------
"OpenVPN" is a registered trademark of OpenVPN Inc.

Basically this means that there is nothing that prevents you from using this program for your customers to connect to whatever VPN service you provide and sell access to. And that is also what OpenVPN Connect was intended for - as a universal clients that could be used for open source OpenVPN servers, commercial OpenVPN servers (including our products OpenVPN Cloud and OpenVPN Access Server), and for third-party OpenVPN servers and services. In other words, it is fine to offer this client to your users when you're selling access to your VPN servers or services.

If you are not satisfied with this answer I suggest that you contact a lawyer and have him provide a more solid basis to your understanding of the situation.

Kind regards,
Johan

Re: Open source OpenVPN license question

Posted: Tue Oct 18, 2022 7:24 pm
by vicn1222
Thank you very much Johan!