[Tutor] Borrowing free code

Alan Gauld alan.gauld at yahoo.co.uk
Wed Dec 5 04:01:08 EST 2018


On 05/12/2018 06:14, Steven D'Aprano wrote:
> On Tue, Dec 04, 2018 at 11:43:05PM +0000, Alan Gauld via Tutor wrote:
>> On 04/12/2018 19:31, Avi Gross wrote:
>>
>>> But some packages are simply python code that you can 
>>> simply insert into your own python files. 
>>
>> If they are fully public domain that's probably true.
> 
> Almost nothing younger than 70 years is in the public domain. 

True and anything not public domain throws up lots
of issues as you point out! :-)

> Copyright infringement is typically handled through the civil courts: 

You say that as if "civil courts" were somehow not like
higher courts but in these parts there is no distinction
except in the processes used. They hold the same weight
and its all considered criminal activity.

> If you have a valid licence to use and copy the software, and you obey 
> the licence terms, then you are in no danger of being prosecuted for 
> copyright infringement because you are licenced to do so.

But it depends on the copyright. You may be free to use
it provided you include the original copyright/license
notice, or you may only need to give accreditation
(possibly in some fixed format), or maybe you can just use it.
Its all very murky and you need a lawyer to sort it out.

And that's really the point I was making.
Avi's suggestion is technically correct but if used
in any piece of production software can lead to a
world of pain.

> Regardless of the licence, you must obey the conditions

And that was my point.
It's misleading to say on a beginners list that you can
just copy code into your own files. Its much more
complicated than that.

> In a practical sense, copying trivial amounts of code from software 
> licenced under the MIT licence, or similar, would be highly unlikely to 
> get you sued.

Agreed, especially if its for private or limited use. If released into
the wider market then its a differentstory.
And some companies (I know of two at least) actively police
the market (Git hub and source forge inclyded) for corporate
code being abused(even if it's been GPL'd)

> Another factor may be that, regardless of the *actual* legal risk, some 
> employers may not allow copying or use of (some or all) FOSS software 
> even if licenced, because they may fear the unknown,

Again true and was the case in my old company.
To use FOSS code we had to jump through several
hoops with the company lawyers.
It had to be a major bit of work to make that worthwhile!

> Bottom line: yes, you can legally copy FOSS software, under certain 
> conditions, and need not fear being prosecuted.

Yes, the point being you need to find out what the conditions are.
And there are many permutations.

> (Actually, you could even copy closed-source proprietary software, if 
> you have a licence allowing you to do so.)

True.


-- 
Alan G
Author of the Learn to Program web site
http://www.alan-g.me.uk/
http://www.amazon.com/author/alan_gauld
Follow my photo-blog on Flickr at:
http://www.flickr.com/photos/alangauldphotos




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