[oclug] Semi-[OT]: Source code ethical dilemma

[Jon Earle]

Bill Strosberg wrote:
> Jon Earle wrote:
>> Well, that's like saying that a GPL author may have different intents than
>> what the licence specifies and that one should contact the owner of GPL
>> code
>> to determine the re-releasability of said code should modifications be made
>> to it.  To me, the licence is very clear and I'd have no problems dealing
>> with the program provided I strictly abided by those terms.  OTOH, IANAL
>> and
>> so there might be some odd legal precendent that's been set in some lower
>> court somewhere that might decide otherwise.
>
> Jon:
>
> The "license" text quoted was NOT specified as GPL.  The decrypted text
> referred to as a "license" was in an encrypted file, and was NOT clearly
> published as a current and valid license.  Encrypted content of any
> application archive, however poor the encryption algorhythm, has
> demonstrated the clear intent of the author for that content to remain
> private and undisclosed.


The reference to GPL was just to illustrate the point, not to draw any
connections between this case and a hypothetical case.

I would argue that in absence of a document that specifies "this is current",
any notice that specifices "this is the licence" must be reasonably assumed
to be the licence that is in force.

But, as I said, IANAL.  To me, it's clear and I would proceed down that path.
 To someone else, it might not be and further investigation might be
warranted.

> Given the reality of Adrian's situation I would imagine the copyright
> holder would probably have no problem, and may even thank him for his
> efforts.  It's funny - maybe I'm old and have been through too many
> legal battles in the past - but I just can't advocate taking any risk,
> however minimal.  Wrong is wrong and right is right - there isn't much
> gray in courtrooms.

This case is very gray.

-- 
Jon Earle
Software Developer / Network Manager
Specialising in Open Source Software Solutions
http://kronos.honk.org/~earlej/

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