Open Source

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AuthorTopic: Open Source
KernelKnowledge12
Shock Trooper
Member # 4557
 written Sunday, January 16 2005 20:16 Profile #0
I was recently looking into open source and I'm pretty sure I get the jist of it, but I'm still a little confused on one thing. I'm hoping someone here can help me with the following question:

If a person has an open source software, then by definition someone else can take that software's source code, and sell it. ( OSI FAQ) But say said software is copyrighted, can someone else still sell it (with or without modification of any kind)? If so, is this not a copyright violation, or does open source, by definition, disallow copyrighting a work?
Posts: 264 | Registered: Wednesday, June 16 2004 07:00
Thuryl
...b10010b...
Member # 869
 written Sunday, January 16 2005 22:38 Profile Homepage #1
Everyone has their own definition of open source; it's not a legal term. Whether doing something with a particular piece of software is permitted or not depends on the terms of the licence of that particular piece of software.

It's not illegal to sell software that someone else holds the copyright to, as long as you have permission to do so (whether granted by the licence or by the copyright holder). Software retailers sell closed-source copyrighted software all the time, after all.

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Posts: 9973 | Registered: Saturday, March 30 2002 08:00
Khoth
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Member # 67
 written Sunday, January 16 2005 23:09 Profile Homepage #2
Most open source licences still keep copyright. And something like the GPL wouldn't work without it. It's just that open-source licences give more rights than you'd have if there was no licence. (In general, at least)

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Posts: 1798 | Registered: Thursday, October 4 2001 07:00
Dallerdin with a custom moniker.
Shock Trooper
Member # 3898
 written Monday, January 17 2005 05:44 Profile #3
As far as I can see, the GPL is rather clear on this:

quote:
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
However, if you were a prospective programmer who wanted a copy of the source to WidgetCalculator2000, would you get it from me, the writer, who distributed the program and source code for free under the GPL, or the man down the road, who charges $200 for the program and source code, under the GPL?

[ Monday, January 17, 2005 05:45: Message edited by: Dallerdin ]

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Posts: 364 | Registered: Saturday, January 17 2004 08:00
KernelKnowledge12
Shock Trooper
Member # 4557
 written Monday, January 17 2005 10:53 Profile #4
So a project like Achelous is perfectly legal?

Thanks for all help.
Posts: 264 | Registered: Wednesday, June 16 2004 07:00
Drakefyre
Triad Mage
Member # 7
 written Monday, January 17 2005 13:58 Profile Homepage #5
I very much doubt that.

Correct me if I'm wrong, but what Apple has done is built an OS on top of an open-source base. Apple retains all of the intellectual property rights of Mac OS X and all code that distinguishes it from its base.

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Posts: 9436 | Registered: Wednesday, September 19 2001 07:00
Thuryl
...b10010b...
Member # 869
 written Monday, January 17 2005 14:55 Profile Homepage #6
Darwin, the basic OS under which Aqua (OS X's GUI) runs, is 100% open source. As far as I can tell, the Achelous folks are using the open source code as a base and reverse engineering the rest. It's already established that it's virtually impossible to copyright a look and feel, so that project is legal.

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Posts: 9973 | Registered: Saturday, March 30 2002 08:00
KernelKnowledge12
Shock Trooper
Member # 4557
 written Monday, January 17 2005 18:43 Profile #7
Either way, they don't seem to be doing much work, and I'm sure there are other projects out there with the same basic goal.

Thanks again.
Posts: 264 | Registered: Wednesday, June 16 2004 07:00