Re: [LINK] CE source code opens up

From: hartr@redhat.com
Date: Wed Jul 25 2001 - 13:28:53 EST


On 25 Jul, Chirgwin, Richard wrote:
> Robert writes:
>
>>Licences like this are in fact a trap door - once you have gone through
>>them, you are effectively barred from developing open source software
>>through the danger of legal action.
>
> Robert, I'm not an expert reader of licenses - and I suspect other Linkers
> may be curious, so could you explain the danger in greater detail?

You don't have to be an expert in licences really, but also please bear
in mind IANAL! The scenario goes like this...

1) Assume you are an open source developer, happily coding away on one
   of more open source projects - such as, say for the case of the
   argument, the Linux kernel.

2) Some company decides that it will allow you to look at some of its
   proprietary source code (ie code that is NOT licenced under an open
   source licence). To look at the code you have to agree to the
   licence provisions which forbid you to reuse/distribute etc the code
   for any purpose. For the sake of the argument, say the code you look
   at is an operating system kernel.

3) Following this look at the proprietary code, you contiunue hacking
   away on the Linux kernel. Can you guarantee that you are not using
   some technique used in the proprietary code?

   The simple answer is that of course you cannot guarantee this - and
   that means that any work you do is potentially tainted - with legal
   implications that are pretty horrendous. This is particularly so if
   you are a company whose business depends on being able to distribute
   the software).

-- 
Robert Hart						 hartr@redhat.com
Red Hat Asia-Pacific, Unit 15, 23 James St, Brisbane, Qld 4006, Australia
Tel +61 (0)7 3872 4808                             Fax +61 (0)7 3257 4800



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