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Posted to legal-discuss@apache.org by Bram Stieperaere <br...@gmail.com> on 2009/08/07 13:36:15 UTC
rewrite of GPL'd C code to java, compatible with Apache Licence?
Hi,
I am porting a vectorization library (potrace) from C to java (potrace4j,
working title) . the C code is GPL.
- Can I release the java version under an Apache Licence? A small part of
the java code is quite different, because of language feature differences
(IO/exceptions/memory mgmt/build in data structures ..), but the core
graphical algorithms are simply copied (including comments) from the c code.
- Also, I think It would be a nice extension to Batik SVG library. Can I
(legally) donate the potrace4j code to Apache batik project?
Bram
Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Julien Vermillard <jv...@gmail.com>.
On Sat, Aug 8, 2009 at 11:02 AM, Bram Stieperaere<br...@gmail.com> wrote:
> thanks for your replies.
>
> to sum up: by making a simple transcription of a program to java, I make a
> derivative work, hence the GPL stipulates that I should release my work
> under the GPL.
>
> I'll make it GPL then, and put it on a OSS site like sourceforge.
>
>
Hi,
I think if you are the *only* author of potrace you can re-license the
new lib as ASL.
Julien
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Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Bram Stieperaere <br...@gmail.com>.
thanks for your replies.
to sum up: by making a simple transcription of a program to java, I make a
derivative work, hence the GPL stipulates that I should release my work
under the GPL.
I'll make it GPL then, and put it on a OSS site like sourceforge.
RE: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Lawrence Rosen <lr...@rosenlaw.com>.
Yonik Seeley asked:
> It may not be automatic, but don't judges take willful infringement
> into account when awarding damages?
Yes. But reading patents doesn't imply willful infringement damages. You
must still be a "willful infringer".
/Larry
-----Original Message-----
From: Yonik Seeley [mailto:yseeley@gmail.com]
Sent: Friday, August 07, 2009 1:46 PM
To: legal-discuss@apache.org
Subject: Re: rewrite of GPL'd C code to java, compatible with Apache
Licence?
On Fri, Aug 7, 2009 at 4:29 PM, Lawrence Rosen<lr...@rosenlaw.com> wrote:
> > And one should not search for relevant patents before coding else become
> > liable for treble damages.
>
> Not true. Urban myth.
It may not be automatic, but don't judges take willful infringement
into account when awarding damages?
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_284.htm
http://www.patentbaristas.com/archives/2006/11/02/invitrogen-gets-triple-dam
ages-in-e-coli-competent-cell-case/
http://www.bio-medicine.org/biology-technology/Third-Wave-wins-triple-damage
s-in-patent-case-2937-1/
-Yonik
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Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Yonik Seeley <ys...@gmail.com>.
On Fri, Aug 7, 2009 at 4:29 PM, Lawrence Rosen<lr...@rosenlaw.com> wrote:
> > And one should not search for relevant patents before coding else become
> > liable for treble damages.
>
> Not true. Urban myth.
It may not be automatic, but don't judges take willful infringement
into account when awarding damages?
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_284.htm
http://www.patentbaristas.com/archives/2006/11/02/invitrogen-gets-triple-damages-in-e-coli-competent-cell-case/
http://www.bio-medicine.org/biology-technology/Third-Wave-wins-triple-damages-in-patent-case-2937-1/
-Yonik
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RE: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Lawrence Rosen <lr...@rosenlaw.com>.
Doug Cutting wrote:
And one should not search for relevant patents before coding else become
liable for treble damages.
Not true. Urban myth.
/Larry
-----Original Message-----
From: Doug Cutting [mailto:cutting@apache.org]
Sent: Friday, August 07, 2009 1:08 PM
To: legal-discuss@apache.org
Subject: Re: rewrite of GPL'd C code to java, compatible with Apache
Licence?
Justin Erenkrantz wrote:
> While "telling the same story" might not be copyright infringement,
> you might have to start to be concerned about potential patent
> infringement if any patents were to read on that story... -- justin
Patent infringement is a risk when you implement nearly anything and
there's little that can be done in advance to mitigate it. Unless you
have good reason to believe there's a patent, time spent worrying about
infringing other's patents is wasted. And one should not search for
relevant patents before coding else become liable for treble damages.
Doug
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Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Doug Cutting <cu...@apache.org>.
Justin Erenkrantz wrote:
> While "telling the same story" might not be copyright infringement,
> you might have to start to be concerned about potential patent
> infringement if any patents were to read on that story... -- justin
Patent infringement is a risk when you implement nearly anything and
there's little that can be done in advance to mitigate it. Unless you
have good reason to believe there's a patent, time spent worrying about
infringing other's patents is wasted. And one should not search for
relevant patents before coding else become liable for treble damages.
Doug
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Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Justin Erenkrantz <ju...@erenkrantz.com>.
On Fri, Aug 7, 2009 at 10:48 AM, Lawrence Rosen<lr...@rosenlaw.com> wrote:
> P.S. Since Niclas asked I'll suggest that "telling the same story" isn't an
> obvious copyright infringement for software (but it can be). I think that's
While "telling the same story" might not be copyright infringement,
you might have to start to be concerned about potential patent
infringement if any patents were to read on that story... -- justin
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RE: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Lawrence Rosen <lr...@rosenlaw.com>.
Bram Stieperaere asked:
- Can I release the java version under an Apache Licence? A small part of
the java code is quite different, because of language feature differences
(IO/exceptions/memory mgmt/build in data structures ..), but the core
graphical algorithms are simply copied (including comments) from the c code.
There's no simple way of summarizing copyright rules. But let me give you a
way to deal with it in practice: If you copy code without a license, you are
probably a copyright infringer. Your admission that you "simply copied
(including comments) from the c code" will be almost impossible to deny when
you are accused of copyright infringement. Guilty because of admission!
Here's another incomplete but useful summary rule: If you look at the code
of a program and copy any of it, you are probably infringing. If you look
only at what a program does and write another program to do the same things,
you are probably not a copyright infringer.
/Larry
P.S. Since Niclas asked I'll suggest that "telling the same story" isn't an
obvious copyright infringement for software (but it can be). I think that's
far more likely if you were to tell the story of Harry Potter than if you
were to tell the story of Apache Hadoop or Linux.
From: hedhman@gmail.com [mailto:hedhman@gmail.com] On Behalf Of Niclas
Hedhman
Sent: Friday, August 07, 2009 9:49 AM
To: legal-discuss@apache.org
Subject: Re: rewrite of GPL'd C code to java, compatible with Apache
Licence?
Bram,
IANAL, but I would say "No, your work is a derivative work, similar to a
translation of a book where grammar difference significantly, but the
'story' is the same, and therefor you are bound by GPL requirements, incl
that your work would be under GPL."
Perhaps the lawyers here can confirm or reject my understanding (that's how
I learn)...
-- Niclas
On Aug 7, 2009 7:36 PM, "Bram Stieperaere" <br...@gmail.com> wrote:
Hi,
I am porting a vectorization library (potrace) from C to java (potrace4j,
working title) . the C code is GPL.
- Can I release the java version under an Apache Licence? A small part of
the java code is quite different, because of language feature differences
(IO/exceptions/memory mgmt/build in data structures ..), but the core
graphical algorithms are simply copied (including comments) from the c code.
- Also, I think It would be a nice extension to Batik SVG library. Can I
(legally) donate the potrace4j code to Apache batik project?
Bram
Re: rewrite of GPL'd C code to java, compatible with Apache Licence?
Posted by Niclas Hedhman <ni...@hedhman.org>.
Bram,
IANAL, but I would say "No, your work is a derivative work, similar to a
translation of a book where grammar difference significantly, but the
'story' is the same, and therefor you are bound by GPL requirements, incl
that your work would be under GPL."
Perhaps the lawyers here can confirm or reject my understanding (that's how
I learn)...
-- Niclas
On Aug 7, 2009 7:36 PM, "Bram Stieperaere" <br...@gmail.com> wrote:
Hi,
I am porting a vectorization library (potrace) from C to java (potrace4j,
working title) . the C code is GPL.
- Can I release the java version under an Apache Licence? A small part of
the java code is quite different, because of language feature differences
(IO/exceptions/memory mgmt/build in data structures ..), but the core
graphical algorithms are simply copied (including comments) from the c code.
- Also, I think It would be a nice extension to Batik SVG library. Can I
(legally) donate the potrace4j code to Apache batik project?
Bram