Re: Re-using copyrighted code

Discussion in 'Python' started by Fábio Santos, Jun 9, 2013.

  1. On 9 Jun 2013 21:39, "Mark Janssen" <> wrote:
    >
    > On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie <> wrote:
    > > On 06/09/2013 11:18 AM, Mark Janssen wrote:
    > >> You actually do not. Attaching a legal document is purely a secondary
    > >> protection from those who would take away right already granted by US
    > >> copyright.

    > >
    > > You are correct, except that the OP has already stated he wishes to have
    > > his code distributed. Without granting a license, the code cannot be
    > > distributed beyond the people he personally gives the code too. PyPi
    > > cannot legally allow others to download it without a license.

    >
    > That's not entirely correct. If he *publishes* his code (I'm using
    > this term "publish" technically to mean "put forth in a way where
    > anyone of the general public can or is encouraged to view"), then he
    > is *tacitly* giving up protections that secrecy (or *not* disclosing
    > it) would *automatically* grant. The only preserved right is
    > authorship after that. So it can be re-distributed freely, if
    > authorship is preserved. The only issue after that is "fair use" and
    > that includes running the program (not merely copying the source).
    >
    > Re-selling for money violates fair-use, as does redistribution without
    > preserving credit assignment (unless they've naively waived those
    > rights away). I will have to take a look at PyPi. But if you are
    > *publishing*, there's no court which can protect your IP afterwards
    > from redistribution, unless you explicitly *restrict* it. In which
    > case, if you restrict terms of re-use, you're putting the court in
    > jeopardy because you making two actions opposed to one another. The
    > only thing the court can easily uphold is your authorship and
    > non-exploitation from a violation of fair-use (note again the key word
    > is "use", nor merely copying the code). But then if you waive *that*
    > right away, you put the court in jeopardy again.
    >
    > > Here's how the GPL puts it, and of course this applies to any and all
    > > licenses, even proprietary ones:
    > >
    > > "However, nothing else [besides the License] grants you permission to
    > > modify or distribute the Program or its derivative works. These actions
    > > are prohibited by law if you do not accept this License. Therefore, by
    > > modifying or distributing the Program (or any work based on the
    > > Program), you indicate your acceptance of this License to do so, and all
    > > its terms and conditions for copying..."

    >
    > Well this is where one must make a distinction with fair-use -- if I
    > re-publish my modifications then the code is still subject to the
    > terms by the original author. If I make a copy for myself and run the
    > problem for personal, non-commercial use, then I am in the domain of
    > fair use and have no other obligations.
    >


    This sort of complicated stuff is why I love the wtfpl. If it's free
    software, it's free to use, distribute and modify, not free under a huge
    amount of terms.
     
    Fábio Santos, Jun 9, 2013
    #1
    1. Advertising

Want to reply to this thread or ask your own question?

It takes just 2 minutes to sign up (and it's free!). Just click the sign up button to choose a username and then you can ask your own questions on the forum.
Similar Threads
  1. Malte Forkel

    Re-using copyrighted code

    Malte Forkel, Jun 8, 2013, in forum: Python
    Replies:
    2
    Views:
    139
    Kevin Walzer
    Jun 9, 2013
  2. Andrew Berg

    Re: Re-using copyrighted code

    Andrew Berg, Jun 8, 2013, in forum: Python
    Replies:
    0
    Views:
    115
    Andrew Berg
    Jun 8, 2013
  3. Benjamin Kaplan

    Re: Re-using copyrighted code

    Benjamin Kaplan, Jun 8, 2013, in forum: Python
    Replies:
    0
    Views:
    110
    Benjamin Kaplan
    Jun 8, 2013
  4. Andrew Berg

    Re: Re-using copyrighted code

    Andrew Berg, Jun 8, 2013, in forum: Python
    Replies:
    0
    Views:
    103
    Andrew Berg
    Jun 8, 2013
  5. Mark Janssen

    Re: Re-using copyrighted code

    Mark Janssen, Jun 9, 2013, in forum: Python
    Replies:
    0
    Views:
    106
    Mark Janssen
    Jun 9, 2013
Loading...

Share This Page