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We are planning to create a web-based commercial application. It also can be installed into a local network of our customers.

To make the installation process easier we would deliver a virtual machine image (VMWare and/or VirtualBox). It would be an Ubuntu OS and it would have the application (and all prerequisites) preinstalled. I.e. we will sell the application itself and we would use the Ubuntu as a host only without any changes of the OS.

Can I distribute this virtual machine to our customers without sharing the source codes?

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This question is too broad to answer easily. Here are a few things complicating it.

  1. Some applications included in Ubuntu require you offer source code. Some do not. So this depends specifically on the package list included in the virtual machine itself.
  2. Some licenses require that all applications that include it's code must be released under the same license. If you use this code in your web application, then your license is already determined for you. For instance, if you use a GPL-licensed code in your application, your application itself would be GPL and you would be required to release your source code.
  3. Generally speaking, Ubuntu itself contains mechanisms by which to retrieve source code, such as dpkg. It's possible that these mechanisms might satisfy the requirement to provide source, but it may not. I am not a lawyer, and this is a complicated question.

If in doubt, you should probably consult an intellectual property attorney.

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