what defines source code in (A)GPL ?

[Harri Saarikoski]

> From: andrew.wilson at intel.com
> To: license-discuss at opensource.org
> CC: harriers at windowslive.com
> Date: Mon, 12 Jul 2010 10:46:23 -0700
> Subject: RE: what defines source code in (A)GPL ?
> 
> Harri Saarikoski [mailto:harriers at windowslive.com] wrote:
> 
> ➢ I.e. does AGPL make a distinction between Code and the Idea itself ?
> 
> Well, yes, because just to review the basics, the Code is a work of authorship
> and subject to copyright, and the Idea is an invention and potentially subject to
> patent protection.  (Flames about SW patents in general are off-topic
> for this list.)  When you distribute
> your Code under (A)GPLv3, you are granting a $0 license to practice the
> Idea (e.g. any patents you may have which read on the Code) in (A)GPLv3
> covered code.  Many people believe there is an equivalent patent grant
> implicit in (A)GPLv2.

I'm slightly confused. First I seem to be given leeway, that Idea is yours while Code is open source.
I.e. no rival will copy the Idea, only plagiarism allowed is the revised code (under one framework).
Then something is attempted to be taken aback from that true argument by way of stating the obvious (already understood), 
i.e. that users of the revised code (the original framework under which the innovation was implemented)
stand to gain every right from the innovation.

Which is true ? Let me materialise the underlying subject matter with yet another analogy:

I have (as if, this is not the real application domain) developed a revision of mysql (which is subject to GPL). 
Can I or can I then not expect Oracle to not only download that mysql+ enhanced version
but also copy-copy the Idea behind that revision / innovation into Oracle proprietary product line
(thus rendering once again my efforts to further the cause of open source minor operatives
in whose network I find myself in, and everything good flows to further proprietaries
who already have had their fill ?)

Do Oracle have the sovereign right to copy a method from mysql ?

I hope yet to find an *exact* analogy for my 'problem', in which case I hope people here have knowledge of a legal precedent
or a firm legal principle, at least.

best, Harri

> 
> Generally speaking, I don't see how you can both protect your Idea from
> commercial use /and/ release an implementation under an OSI-approved license
> without contorting yourself into an unnatural and probably indefensible
> position.
> 
> IANAL, TINLA.
> 
> Andy Wilson
> Intel open source technology center
 		 	   		  
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