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The source code in question is over 40 years old and most likely doesn't exist anymore in its original form. What do we do then? The burden of proof for infrin

by fridif 5y ago

The source code in question is over 40 years old and most likely doesn't exist anymore in its original form. What do we do then? The burden of proof for infringement is on original authors, and they haven't done so for 40 years. In the late 1700s and early 1800s, Britain had to take measure to prevent visiting Americans and others from memorizing the designs of their new high tech machinery like the steam engine and the power loom. Where do we draw the line? Shut down the internet until we create a massive copyright detection firewall? No, we live with the copying and constantly evolve and adapt our business. Death to all patent trolls.

hnfong 5y ago
> Where do we draw the line? I won't even claim that people must necessarily follow the law. Copyright law is inconsistent at best, and notoriously hard to follow to the letter (and often ridiculous). In practice lawyers assess the legal risk and weigh the outcomes. I never intended to discuss what we should do, and I definitely did not propose shutting down the internet... The original discussion was such: > > They did not copy the implementation, they copied the general idea of what the algorithm should do > [Citation needed] You said the original authors did not complain, which is neither here nor there, as I pointed out. There is still some theoretical legal risk if you copy with the owner's knowledge but not express consent. The fact that the burden of proof is on the authors is true but that they have not brought a claim does not mean they cannot prove infringement. And in case I haven't made it clear, I don't think it's a bad idea to assume the function is under GPL, I just don't think there's a basis for claiming what you originally claimed, and there is still some level of (probably acceptable) risk if you take the purported license of source code as-is.
- fridif 5y ago
  How do we obtain the source code to verify it wasnt infringed upon?

by fridif 5y ago

hnfong 5y ago

> Where do we draw the line? I won't even claim that people must necessarily follow the law. Copyright law is inconsistent at best, and notoriously hard to follow to the letter (and often ridiculous). In practice lawyers assess the legal risk and weigh the outcomes. I never intended to discuss what we should do, and I definitely did not propose shutting down the internet... The original discussion was such: > > They did not copy the implementation, they copied the general idea of what the algorithm should do > [Citation needed] You said the original authors did not complain, which is neither here nor there, as I pointed out. There is still some theoretical legal risk if you copy with the owner's knowledge but not express consent. The fact that the burden of proof is on the authors is true but that they have not brought a claim does not mean they cannot prove infringement. And in case I haven't made it clear, I don't think it's a bad idea to assume the function is under GPL, I just don't think there's a basis for claiming what you originally claimed, and there is still some level of (probably acceptable) risk if you take the purported license of source code as-is.

fridif 5y ago
How do we obtain the source code to verify it wasnt infringed upon?