HTML5: mixed signals

[Mark Waddingham]

Oops - I forgot to say 'I am not a laywer but'... At the start of this.

I should say that most of this stuff is pretty standard, in general as 
long as you always use attach a license to your commercial works, and 
always follow the requirements of the GPL then you don't have to worry 
about these things too much.

However, if something comes up where it *doesn't* seem entirely 
clear-cut, particularly if the works involved are significant, or the 
money involved is significant (for some definition of significant) it is 
well worth consulting an actual physical lawyer to make sure you aren't 
accidentally stepping on a mine you did not see!

Warmest Regards

Mark.

On 2017-07-28 16:32, Mark Waddingham via use-livecode wrote:
> 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