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RE: Legalities of libraries (was [LUG] Development)

 

Ah, misleading comment on my part...

I'm sure that using open source software wouldn't impact in the slightest. 

However, part of the legal contract between one party (in this case a
company being subcontracted to do a particular segment of a considerably
larger project) and the company subcontracting us (I think I've got that
right) specifically states that we must sign come kind of "certificate of
originality" stating that all the code is our own work. I read through it
and the legal mumbo jumbo nearly blew my mind!

At it's simplest, WE (the project manager and I) made the decision in this
case to just avoid the subject since it was stuff I knew I could write
myself anyway.

More general, we ARE allowed to use external libraries, but we must declare
that we have done so, and the use of those libraries must explicity go up
for approval (which would also mean declaring WHICH external libraries
specifically), and furthermore it implied the process would be of greater
complexity if those libraries were open source (again, in my non-legal
eyes).

Presumably, although I don't know for sure, because the legal team would
have to examine the exact wording of the license to understand what (if any)
obligations there may be to credit the original authors and whether or not
the resulting code would need to be made openly available or not (a no, no
in this case).

These things may or may not be in any particular open source license, it's
not something I've ever really looked at, BUT the point is that the company
would need to expend knowledge (which in a contracting scenario is
ultimately time and money) in order to know IF there were any impact.

Bottom line is that when faced with a scenario like that, myself and the
project manager decided it would be far simpler to spend a couple of extra
days (that's all it would take to do the image work that I could have used
open source for) on my part to simply hold my hand up, say with all honesty
that every line of code is my own and get on with it. Dispensing with any
requirement to fulfil any legal obligations and go through any forms at all
(except the one where I state such).

And of course those extra couple of days that it adds are chargeable :o)

Bottom line, it seems to be one of the ways that big corporations can work
when dealing with code created by subcontractors. I've never some across it
before, but maybe just because I've never been high enough up in the process
before to be given it to look at!

Yes, it does seem a little odd, but as far as I see it it's no big deal.
It's another reason why I wouldn't really ever fancy working for a huge
corporation. Too much red tape I feel (from an outsider looking in POV).

Anyway, enougth ramblings on what may or may not have been. It seemed easier
to do it myself :)

Martin. 

-----Original Message-----
From: owner-list@xxxxxxxxxxxxx [mailto:owner-list@xxxxxxxxxxxxx] On Behalf
Of Grant Sewell
Sent: 22 March 2005 22:34
To: list@xxxxxxxxxxxxx
Subject: Legalities of libraries (was [LUG] Development)


On Tue, 22 Mar 2005 16:19:37 +0000
Martin White wrote:

Often, even if libraries already
exist to do something it is easier to write something from scratch than to

get the corporate wheels to approve the use of said third party library. 
Looking through the current legal contract of work it was even more true
if 
the libraries were open source.

Call me naive (now don't all shout at once :D) but I just don't understand
that.  I was under the impression that most Free Software libraries were
under the LGPL which allows their use in non-GPL software.  And I thought
that most other "open source" libraries were under licenses with similar
clauses.  So how would using these libraries impact on the legal state of
affairs of the software being produced?

Grant.
-- 
Artificial intelligence is no match for nuratal stidutipy.

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