[Haskell-cafe] containers license issue
Vo Minh Thu
noteed at gmail.com
Wed Dec 12 17:27:03 CET 2012
I'm not sure what your point is.
Re-implementing an algorithm is not a copyright infringement (nor is a
propagation of the original work). Algorithms are not covered by
copyright.
2012/12/12 Clark Gaebel <cgaebel at uwaterloo.ca>:
> I think this is a potential problem, but, obviously, IANAL. [1]
>
> According to the GPL:
>
> To “propagate” a work means to do anything with it that, without permission,
> would make you directly or secondarily liable for infringement under
> applicable copyright law, except executing it on a computer or modifying a
> private copy. Propagation includes copying, distribution (with or without
> modification), making available to the public, and in some countries other
> activities as well.
>
> and
>
> You may make, run and propagate covered works that you do not convey,
> without conditions so long as your license otherwise remains in force.
>
> and of course
>
> You may not propagate or modify a covered work except as expressly provided
> under this License. Any attempt otherwise to propagate or modify it is void,
> and will automatically terminate your rights under this License (including
> any patent licenses granted under the third paragraph of section 11).
>
>
> I believe that this counts as "propagation" of the original work, since it
> would be considered "infringement under applicable copyright law". Now, the
> wording in the GPL is a bit confusing on this point. I'm not sure if
> propagation requires that the BSD3 that containers is licensed under must
> remain in force, or the GPL on which the which is derived must remain in
> force. Does anyone else have better luck interpreting this?
>
> - Clark
>
> [1] Aside: Can we stop saying IANAL? Let's just all assume that, until
> proven otherwise, no one here is a lawyer.
> [2] Required Reading: http://www.gnu.org/licenses/gpl.html
>
>
> On Wed, Dec 12, 2012 at 11:00 AM, David Thomas <davidleothomas at gmail.com>
> wrote:
>>
>> Right. If either of the following hold, you should be able to carry on as
>> you were (but double check with your lawyer):
>>
>> 1) The algorithm is borrowed but the code was not copied. In this case,
>> copyright doesn't cover it, and the GPL is inapplicable. (Patents could
>> conceivably be an issue, but no more so than if it was BSD code).
>>
>> 2) If you are not going to be distributing the code - either it is used
>> for internal tools or in the backend of a networked service (which the GPL
>> does not treat as distribution, as distinct from the AGPL).
>>
>> If a sizable chunk of actual code was copied, then the containers package
>> would have to be GPL, and if you are using the library and distribute
>> programs built with it then those programs must be GPL as well.
>>
>>
>>
>> On Wed, Dec 12, 2012 at 7:47 AM, Vo Minh Thu <noteed at gmail.com> wrote:
>>>
>>> 2012/12/12 Dmitry Kulagin <dmitry.kulagin at gmail.com>:
>>> > Hi Cafe,
>>> >
>>> > I am faced with unpleasant problem. The lawyer of my company checked
>>> > sources
>>> > of containers package and found out that it refers to some GPL-library.
>>> >
>>> > Here is quote:
>>> > "The algorithm is derived from Jorg Arndt's FXT library"
>>> > in file Data/IntMap/Base.hs
>>> >
>>> > The problem is that FXT library is GPL and thus containers package can
>>> > not
>>> > be considered as BSD3. And it means that it can not be used in my case
>>> > (closed source software).
>>> >
>>> > Is this logic actually correct and containers should be considered as
>>> > GPL?
>>> >
>>> > The package is widely used by other packages and the only way I see
>>> > right
>>> > now is to fix sources to reimplement this functionality, which is not
>>> > good
>>> > option.
>>>
>>> GPL covers code, not algorithms.
>>>
>>> Beside, you can use GPL in closed-source code. GPL forces you to make
>>> the source available when you distribute the software, but if you
>>> don't distribute the software, there is nothing wrong to use GPL and
>>> not make your code available.
>>>
>>> HTH, IANAL,
>>> Thu
>>>
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>>
>>
>>
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