HTML5: mixed signals

Mark Waddingham mark at livecode.com
Fri Jul 28 10:32:59 EDT 2017


Hermann has the 'the right' of it here.

Basically it is important to remember that just because you *might* be 
able to see source-code it doesn't mean you have the right to copy, use 
or do anything with it. If there is no license attached to it, or if 
there is not a clear declaration of a license under which you are 
receiving it then it is not yours, you cannot touch it, you cannot use 
it. If you do, then you could find yourself being subjected to a 
copyright-related law suit (depending on how litigious the owner of the 
copyright of the source code is). (Generally for very small 'snippets', 
there is no problem, it is only significant and/or complete works under 
which this could be enforced, in general).

If you use the community version, then you are not just obliged, but you 
are ABSOLUTELY REQUIRED (by the GPL) to make the full source of the 
application you are conveying available UNDER THE GPL (our HTML5 
standalone builder makes this easy - as it does it for you :)). This 
isn't optional, it is part of the agreement you make by using the GPL 
licensed community version in the first place. If you do not do this, 
then you are breaking that agreement and in so doing your right to use 
the GPL software from which it originated (LiveCode in this case) is 
(legally speaking) terminated.

If you use the commercial version, then there are generally no 
restrictions on what license you may convey your applications or source 
code under. It is reasonable to assume, with the absence of a license, 
that if you give someone a software application that they are allowed to 
run it. However, that is about as far as you can assume. The receiver 
has no right to use any part of the source-code they may or may not see 
(this is protected under copyright - the author* of the source-code of 
an app is the copyright holder) in any way. So being able to see source 
code does not imply a right of use, modification, distribution or indeed 
anything. Indeed - even the right to run received software is 
necessarily a given (just an implied right, else why would you send 
someone it?) - this is why you should always attach a license to all 
software you distribute it, explaining the allowed bounds of use by the 
receiver.

Of course, the commercial version has password protection built-in, so 
you can hide the source of your commercial apps from prying eyes to give 
you a level of physical protection; and not just legal. (You have the 
legal protection, regardless).

Warmest Regards,

Mark.

* It is really important to note that in the UK, and most other 
countries, if you write code during periods of time you are being paid 
for by your employer, then the copyright is implicitly owned by the 
company *and not* you. Consulting work is a little more grey - which is 
why it is important that you agree the terms of copyright ownership as 
part of the contract discussion. Typically this is structured as 'the 
copyright of code specific to the client project is owned by the client' 
but 'any library code not specific to the client which the consultant 
has built up to enable her/him to do his work is licensed under a 
perpetual license to the client'. Of course, this kind of thing very 
much depends on the client - a client is perfectly within their rights 
to ask that all code in a project is copyright them... However, then it 
is just a question of cost - i.e. if they can afford to pay for that to 
be the case!

-- 
Mark Waddingham ~ mark at livecode.com ~ http://www.livecode.com/
LiveCode: Everyone can create apps




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