Re-using copyrighted code

[Mark Janssen]

On Sun, Jun 9, 2013 at 12:50 PM, Michael Torrie <torriem at gmail.com> 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.

-- 
MarkJ
Tacoma, Washington