Do I need license to release the Python version of old BASIC games?

[Michael Torrie]

On 06/21/2015 02:58 PM, Marko Rauhamaa wrote:
> Laura Creighton <lac at openend.se>:
> 
>> In a message of Sun, 21 Jun 2015 12:32:46 -0700, "C.D. Reimer" writes:
>>
>>> Do I need to release my scripts under a license? If so, which one?
>>
>> You should, because if you don't you could pop up some day and assert
>> copyright and sue the hell out of people who use your code, which
>> means that many people won't touch it until you license it.
> 
> Converting BASIC games to Python results in derived works, which are
> under the original copyright of the BASIC games.
> 
> From the given link:
> 
>    BASIC Computer Games is copyright © 1978 by David H. Ahl, and is
>    posted on www.atariarchives.org with permission. Do not redistribute,
>    mirror, or copy this online book.
> 
> So a license from David H. Ahl is required before publishing Python
> translations.
> 
> As for licensing one's own code, you can grant a license (or several),
> or you could place your code in the public domain.

I disagree.  Especially where the resulting python program is not a
transliteration (which it certainly won't be) of the original BASIC
programs.  As well, these programs implement well-known algorithms and
games.  There are only so many ways to implement certain algorithms, and
each implementation is going to be closely similar.  The games and
algorithms in his BASIC programs are by no means original or not
well-known and well-discussed.

Also the quoted copyright notice is for the entire work, which is to say
the book.  Chris is in no way reproducing the guy's text in whole or in
part--I note that the notice says nothing about fair use.

That's not to say the original book author couldn't pursue a copyright
claim, even if it's without merit.

As to the question of assigning a copyright license to code, in this
case I suggest just releasing the code marked as public domain.  The
programs are small and trivial.  If you do not release it explicitly as
public domain than you must release it under *some* license, because to
not do so prohibits anyone from doing *anything* with your code by
default, something a lot of githubbers seem to forget.  Also as long as
the code is entirely your work (and it is, despite Marko's assertions
about derivative works), you can change the license at any time.