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Re: SCO identifies code?



On Mon, 2003-08-18 at 19:36, Bill Moseley wrote:
--snip
> I assume most here agree it's absurd to think you can't have "free" 
> software?  Isn't that what SCO is now claiming, that US copyright law 
> "supercedes(sic) the GPL" -- so you can't write "free" software?

Welcome to the wonderful world of 'intellectual property' in the US. As
an example here:

My previous employer had a contract provision that stated that any and
all code I write while employed there was owned by the corporation. One
of the things I wrote there was a library for Visual Basic (I couldn't
help it! They made me do it! May RMS have mercy on my soul! :) which
would parse a text box for numbers and arithmetic symbols and perform
the appropriate calculations on it. No one else so much as contributed a
comment to this code other than myself.

Now, if for some reason, unfathomable as it may seem, I choose to write
a program in VB again and I use the same code that I used in the
library, and then release the program under the GPL, I would be in
violation of my previous employer's intellectual property rights and
would, therefore, risk making my entire program 'illegal'.
Theoretically, if I re-implemented that library in say, Perl, I still
MIGHT be in violation. (Thankfully it was all a dirty hack so I don't
have to worry about ever writing something that bad again. :)

IANAL, but this is how I've understood the law and, in particular, how
my former employer would most certainly interpret it.

-- 
Alex Malinovich
Support Free Software, delete your Windows partition TODAY!
Encrypted mail preferred. You can get my public key from any of the
pgp.net keyservers. Key ID: A6D24837

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