Open source, closed source, and the value of code

[Robert Mann]

I shall too, for myself, just apply the rules stated directly or indirectly
by livecode. These were not, at all, as crystal clear as it seemed. 
And that is precisely why I took time to research, clarify and exchange
here. 

[ Actually, there was a last issue raised, still un-cleared : I still do not
know if the principle of a distributing a community reader app designed to
manipulate a separate data file gathering various medias that would not be
GPL compatible, is something that is "in line" or "not in line" with
livecode's policy. Any clue? ] 

Appart from that, I mean apart from me, I mean for the community, I do very
much share Mark Wilcox's point of view and think it is a good thing to raise
question and issues, for the common good of livecode/hypertalk heritage. 

To make it clear, I am not a would be potential thief, trying to make my way
at the border of the livecode GPL license to hack the license. Let's really
do away with that kind of thing, please! I won't need to consult a lawyer as
far as I am concerned. That is not the point. 

I just do point out that in the course of my research clarification and
exchanges here, I have the strong impression that the notion of "derivative
work" was wrongly understood. 

I happen do have some legal background in law since I graduated in law both
in France and in the UK and completed that with a post grad in Advanced
computer sciences (that was called "artificial intelligence at that
time..!). I have dealt with copyright & licensing matters as a publisher for
15 years. Recently I did a lot of research/writing in the patent & design
patents realm, copyright, applied arts, and derivative work in order to
protect some important innovations in the field of musical instruments. 

The notion of derivative work predates GPL. And there has been rulings.
Criterias have been set. And I just could not make "converge" in my little
head the point of view I got from livecode and these items of knowledge I
had gathered elsewere concerning the notion of derivative work. The puzzle
did not fit. 

I would not bother and take the time to say so, if I did not "love" this
precious Hypertalk heritage, and If I did not feel too (very much like Mark
Wilcox) that sticking to that discussable interpretation is something I see
as dangerous for the livecode community. 

For the one who have time to spare for that issue, I strongly suggest
reading this article I came accross : it explains very precisely in an easy
language, the impression I got something was wrong in the air. 

I fully adhere to the conclusion that in effect, sticking that expansive
notion of derivative work on everything (and in our case on stacks & their
media content) is very much reducing the freedom of authors and is not a
good move.  I'll set up an illustrative stack in my hobbyist time to show
why this is si with a very concrete "real"  self explaining example.

https://www.law.washington.edu/lta/swp/law/derivative.html  Enjoy! Robert 




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