[sldev] Re: [PROTOCOL] Protocol Documentation

Adam Frisby adam at gwala.net
Wed Oct 3 13:53:15 PDT 2007


Well, a more liberal license isnt a problem there since it doesnt matter 
if you use the copyright elsewhere or not.

Adam

Taran Rampersad wrote:

> Zha Ewry wrote:
> 
>> This was the point I was on at office hours yesterday. For better, or 
>> worse, GPL is an impediment. It is fine for people to say "GPL doesn't 
>> stop you from looking at the code." On a personal level, I tend to 
>> understand, and maybe even agree with that premise. On a pragmatic 
>> level, and having dealt with IP lawyers, on a regular basis for a long 
>> time, the actual. real world, non idealistic effect of the GPL has 
>> been exactly as Sean describes. Lawyers raise red flags. People ask 
>> the question "Where is the line between what is safe to look at and 
>> what is not safe to look at." Pretty soon, the answer is "Just don't 
>> look." I won't argue about whether that position is legally necessary, 
>> or sane, or useful. But, I will observe, it is the position a *LOT* of 
>> people take.
> 
> Completely ducking the implicit Holy War, I will say this: Looking at 
> GPL'd code doesn't really mean anything *unless* you copy the code or 
> you try to patent a process which the code works with. The GPL is not an 
> impediment in any other way; Copyright is fuzzy in areas of code but it 
> is safe to say that there is more than one way to skin a cat. It didn't 
> work very well for SCO, which seems to be the boilerplate of this 
> discussion.
> 
> Seeing how a GPL piece of code works and replicating it on one's own is 
> not likely to be a copyright violation, or abuse of the GPL itself. The 
> trouble is with demonstrating to LAWYERS and COURTS that you didn't 
> steal the code, and really every possible software license has the same 
> problem. It isn't about the software license in this regard, it *is* 
> about how IP is handled.
> 
> Of course, I'm not a lawyer. Software developers shouldn't need to be. 
> If the GPL is to be damned in this instance, then put Copyright Law on 
> trial. You'll be in good company.
> 



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