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EDIT: And so the Big 3 (destructor, copy constructor, copy operator)--the guideline being that if you have one, you probably need the others--became the Big 5. Not to be confused with the Big 5 in Cantonese...
It sounds like Adam's work should be accessible. Can't you derive from that, and tell all of these copyright/license trolls to take a hike? That's what I would do.
No, that license is worse than the GPL licence. I have enough experience in this area that I think I know what's going on here...
I suspect that Adam modified his project at a later date and added his license. Even though I am not a lawyer... I submitted over a dozen open source projects through the MSFT 'Source Code Compliance Team' and got them approved for inclusion in Windows 10. So I got to read all of those legal determinations.
There is no way LibIDN would have used that source code if the original work contained those particular paragraphs. Adam had to have added it at a later date.
Sadly there's not much room for "creativity" when it comes to compatibility with viral licenses. I can't afford the lawyers and I wouldn't know one who could answer this anyway (no precedent anywhere).
When the CPOL was created the legal climate around software was vague and, frankly, dangerous for developers. We were aware of cases against software developers who had given away code without any self-protection and we determined that it would be a disservice to our members not to offer them protection (and choice, obviously)
Our lawyers highlighted one case in particular where a developer was sued because their code was used for malicious purposes. This motivated us to put the "don't be bad" clause. Further, things like being clear about the jurisdiction can be the difference between a developer getting treated fairly and a developer getting hung drawn and quartered.
We're not a fan of GPL because while it's "open and free" in the sense you get to see the code and you can use it how you wish, you're not actually free to make proprietary extensions of the code. You add your own cleverness, do some amazing work using the code, and you MUST open it up to the world. That's not how the world works.
So the CPOL is about
1. Protecting our members who share code by buttoning down the many legal agreements that were out there
2. Ensuring other developers can use our members' code freely, and to innovate with that code commercially
3. To ensure the code was open, in the sense that the source code must be available to read
It seems to me if you use only the original code then only the original license applies.
No, that would be not be an option. When making a choice for licences you want to use something with legal precedent.
Btw, the best document I have ever read regarding choice of OSS licences is by the Department of Defense[^]. I can't find it but they use to go in depth on why you can't just take some random: "Anyone can use this!" type licence.
I used to do R&D and some consultancy for a small firm, mostly for idiot bosses that didn't understand anything beyond billing people.
One time, my boss handed me a "ready-to-go" project from "a really disruptive young developer" with the intent of having me do some minor visual tweaks and general QA.
The project consisted out of a painstaking manual recreation of an existing proprietary UI, some GPL-3 source code, and 1 major project under a very dubious "you now owe us 10.000" custom license.
My boss eluded that "he gave the developer a picture of the original software, so he would know what to build" and basically considered the entire thing a new and original work.
Because he had asked a guy to build it for him.
The stupidity of some people.
... I'm glad to say - as the dozy sod in the car behind me found out today, and it still managed to stop in time on a wet road with no help from him at all!
So I still have a car - albeit without Autonomous Emergency Braking - and his is unwrecked as well ...
"I have no idea what I did, but I'm taking full credit for it." - ThisOldTony
"Common sense is so rare these days, it should be classified as a super power" - Random T-shirt
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Last Visit: 31-Dec-99 18:00 Last Update: 12-May-21 8:33