<html>
<head>
<style><!--
.hmmessage P
{
margin:0px;
padding:0px
}
body.hmmessage
{
font-size: 10pt;
font-family:Verdana
}
--></style>
</head>
<body class='hmmessage'>
<br><br>> From: andrew.wilson@intel.com<br>> To: license-discuss@opensource.org<br>> CC: harriers@windowslive.com<br>> Date: Mon, 12 Jul 2010 10:46:23 -0700<br>> Subject: RE: what defines source code in (A)GPL ?<br>> <br>> Harri Saarikoski [mailto:harriers@windowslive.com] wrote:<br>> <br>> ➢ I.e. does AGPL make a distinction between Code and the Idea itself ?<br>> <br>> Well, yes, because just to review the basics, the Code is a work of authorship<br>> and subject to copyright, and the Idea is an invention and potentially subject to<br>> patent protection. (Flames about SW patents in general are off-topic<br>> for this list.) When you distribute<br>> your Code under (A)GPLv3, you are granting a $0 license to practice the<br>> Idea (e.g. any patents you may have which read on the Code) in (A)GPLv3<br>> covered code. Many people believe there is an equivalent patent grant<br>> implicit in (A)GPLv2.<br><br>I'm slightly confused. First I seem to be given leeway, that Idea is yours while Code is open source.<br>I.e. no rival will copy the Idea, only plagiarism allowed is the revised code (under one framework).<br>Then something is attempted to be taken aback from that true argument by way of stating the obvious (already understood), <br>i.e. that users of the revised code (the original framework under which the innovation was implemented)<br>stand to gain every right from the innovation.<br><br>Which is true ? Let me materialise the underlying subject matter with yet another analogy:<br><br>I have (as if, this is not the real application domain) developed a revision of mysql (which is subject to GPL). <br>Can I or can I then not expect Oracle to not only download that mysql+ enhanced version<br>but also copy-copy the Idea behind that revision / innovation into Oracle proprietary product line<br>(thus rendering once again my efforts to further the cause of open source minor operatives<br>in whose network I find myself in, and everything good flows to further proprietaries<br>who already have had their fill ?)<br><br>Do Oracle have the sovereign right to copy a method from mysql ?<br><br>I hope yet to find an *exact* analogy for my 'problem', in which case I hope people here have knowledge of a legal precedent<br>or a firm legal principle, at least.<br><br>best, Harri<br><br>> <br>> Generally speaking, I don't see how you can both protect your Idea from<br>> commercial use /and/ release an implementation under an OSI-approved license<br>> without contorting yourself into an unnatural and probably indefensible<br>> position.<br>> <br>> IANAL, TINLA.<br>> <br>> Andy Wilson<br>> Intel open source technology center<br> <br /><hr />Hotmail: Trusted email with powerful SPAM protection. <a href='https://signup.live.com/signup.aspx?id=60969' target='_new'>Sign up now.</a></body>
</html>