Re: News: .NET framework source code available soon...
On Thu, 04 Oct 2007 00:32:36 -0700, Peter Duniho
<NpOeStPeAdM@Nn OwSlPiAnMk.comw rote:
No, you are not.
Copyright does not cover duplication of function or even accidental
recreation of the same exact program text, only intentional copying.
Hence "copy"right .
What you are thinking of are software _patents_ which is entirely
different. Patents must be explicitly filed for specific pieces of
functionality, they are not valid outside America and I think Japan,
and they are subject to interpretation by a judge regarding whether
the patented functionality is patentable at all.
No, what they needed was an implementation that duplicated Stacker's
_patented_ functionality. See here:
Unlike patents, however, such licenses only apply to people who
actually acquired & used the software, and agreed to the license.
Any license that tried to prevent the user from duplicating the
software's functionality, patent-style, would be null and void. The
power of licenses, like copyright, is restricted to the actual product
as it is. They cannot regulate independent recreations.
That is correct. If you merely create _similar_ source code with an
identical purpose you're fine, though. The license only covers the
actual source code, not the function expressed by it. That's the
realm of patents.
For independent individuals that is probably correct. However, Mono
is a fairly high-profile project that needs a public website for
coordination. Microsoft would damn well shut it down if they thought
they're copying the .NET source code wholesale. Why else bother
having any read-only clause in the license in the first place?
--
On Thu, 04 Oct 2007 00:32:36 -0700, Peter Duniho
<NpOeStPeAdM@Nn OwSlPiAnMk.comw rote:
>You are already at risk for legal action, if you happen to produce code
>that "looks" like their code.
>that "looks" like their code.
>They don't have to show you their source code for them to file legal
>action on the basis of a copyright violation.
>action on the basis of a copyright violation.
recreation of the same exact program text, only intentional copying.
Hence "copy"right .
What you are thinking of are software _patents_ which is entirely
different. Patents must be explicitly filed for specific pieces of
functionality, they are not valid outside America and I think Japan,
and they are subject to interpretation by a judge regarding whether
the patented functionality is patentable at all.
>Microsoft didn't need access to the Stacker source code for them to be
>sued over DoubleSpace. All they needed was an implementation that
>looked sufficiently like Stacker's implementation.
>sued over DoubleSpace. All they needed was an implementation that
>looked sufficiently like Stacker's implementation.
_patented_ functionality. See here:
>Well, that's true of any published source code that carries an attached
>license. Even regular "open source" stuff generally includes various
>license requirements that can form the basis of a lawsuit of someone
>believes you misused the source code.
>license. Even regular "open source" stuff generally includes various
>license requirements that can form the basis of a lawsuit of someone
>believes you misused the source code.
actually acquired & used the software, and agreed to the license.
Any license that tried to prevent the user from duplicating the
software's functionality, patent-style, would be null and void. The
power of licenses, like copyright, is restricted to the actual product
as it is. They cannot regulate independent recreations.
>So, for example, either you cannot look at any source code covered by
>the GPL, or you must provide all of the disclosures and other
>requirements made by the GPL, even if you did in fact not actually
>intentionall y reuse the source code you looked at. If you want to
>follow the legal liability philosophy you're stating, that is.
>the GPL, or you must provide all of the disclosures and other
>requirements made by the GPL, even if you did in fact not actually
>intentionall y reuse the source code you looked at. If you want to
>follow the legal liability philosophy you're stating, that is.
identical purpose you're fine, though. The license only covers the
actual source code, not the function expressed by it. That's the
realm of patents.
>Not having any legal expertise, I wouldn't even try to make a claim as
>to the reality of the situation. However, I suspect that fears of legal
>action are highly over-inflated for a given individual, assuming no
>actual misuse of the code happened (that is, assuming you didn't
>actually copy the code or some non-obvious technique, that sort of thing).
>to the reality of the situation. However, I suspect that fears of legal
>action are highly over-inflated for a given individual, assuming no
>actual misuse of the code happened (that is, assuming you didn't
>actually copy the code or some non-obvious technique, that sort of thing).
is a fairly high-profile project that needs a public website for
coordination. Microsoft would damn well shut it down if they thought
they're copying the .NET source code wholesale. Why else bother
having any read-only clause in the license in the first place?
--
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