what defines source code in (A)GPL ?

[Wilson, Andrew]

Harri Saarikoski [mailto:harriers at windowslive.com] wrote:

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

Since Oracle Corp. now owns MySQL, a more illustrative question might
be "Does IBM have the right to copy a method from MySQL into DB2?"

Since IBM does not own the copyright on MySQL, in general, they cannot
do verbatim copying of code from MySQL into DB2 without subjecting
DB2 to the terms and conditions of GPL.  On the other hand, if IBM's
programmers read the source of MySQL and learn some interesting
new method for (let's say) for hashing queries, then IBM's programmers
are free to use what they learned from reading MySQL source, to
reimplement that method and use it in DB2 -- /unless/
Oracle/MySQL has been granted a patent on the method.  In that case,
IBM would either have to use the original MySQL code under GPL, which would
give them a free license (but only for GPL applications), or would
have to negotiate their own patent license from Oracle/MySQL.

Note this illustrates why SW patents in general are considered
toxic by engineers, because engineers have no way to know which algorithms
in source code they read are patented.

Note also that if MySQL does /not/ patent the novel new query mechanism, then
their release of an implementation under GPL can and should be
cited as prior art if at any later time a 3rd party attempts to
patent the same algorithm.  So, publishing under open source serves
a form of "defensive publication" if you choose not to pursue patenting
an idea.

IANAL, TINLA.  You really should be seeking advice from a practicing IP
lawyer for your questions.

Andy Wilson
Intel open source technology center