Open Source Licence (LGPL or GPL) - Reality Check

jbv jbv.silences at club-internet.fr
Thu Sep 11 16:02:01 EDT 2003


> If the MC IDE is made "public domain", it really is that... public
> domain. Meaning that anyone can use any part of it in either commercial
> or non-commercial works and can't claim ownership of it because it is in
> the public domain. So the scenario you paint wouldn't happen in a truly
> public domain system. And even if for some reason, it was, I think the
> chances of this happening are infinitesimally small. First of all, for
> someone to do that would mean that they needed to understand the
> benefits of whatever code their stealing, and be such an a**hole that
> they would be willing to basically sacrifice any future support, etc.
> from the community for the purposes of a single product.
>

I'm wondering : what is exactly the definition of the "public domain"
concept in the field of software ?
Let's compare to music for instance (a domain in which I know a bit) :
when a piece of music falls into the public domain, it means that the
composer can't claim any copyright anymore for mechnical reproduction,
public performances, etc.
But when a band or an orchestra decides to make a cover of that piece
of music (make new arrangements, add lyrics, etc) and then records a
new version and releases it on CD (for instance), they can claim
copyright for this new arrangement and for the performance of that piece,
the producer can claim copyright for this specific recording, etc.
although the original composition remains in the public domain...

But how does it work for software ? For instance if someone would
copy / paste a public domain script and include it without modification
in a standalone and charge for it... Is this legal ? And could anyone
prove (or even know) that the code is from public domain ?
And is the concept of public domain (at least for software)  exactly
the same in North America and in EEC (for instance) ?

Last but not least : I don't want to be too confusing, but I'm wondering
about smthing else : if someone from this list develops some rather
sophisticated and useful piece of code (for instance, Alejandro is working
on some bezier tool simulation, libURL is improving continuously, I for
one am working on a 3D editor using openGL...), no doubt that these
things would improve the MC IDE, but would be more than simple
tweaks of what already exists...
Would such tools find their place in the webpage you are discussing, and
what about possible code stealing ?

JB





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