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It's a broad clause which relies on the fact that some types of computer software "use" may require permission of the copyright owners, depending on jurisdictio
by PeterisP 4y ago
It's a broad clause which relies on the fact that some types of computer software "use" may require permission of the copyright owners, depending on jurisdiction - in essence, I'd say that the validity of this restriction depends on how the specific law treats the incidental copies of the software created as it is being installed, executed, etc; this (unlike most parts of copyright principles aligned in international conventions) isn't universal globally.
My position is mostly based not on code but on text, as in natural language processing there is a similar but much older situation of models being trained on copyright-protected work, the interests of researchers and publishers obviously differ, and at least currently (laws do change) the legal position is that publishers' requirements can be (and are) ignored, as models can be trained on these texts without their permission and even after their explicit objections / cease and desist requests. And a BSD or GPL or some other license can't do anything more restrictive than the book "license" of "all rights reserved, we don't grant you any permissions".
- bugfix-66 4y agoI don't think so. Please refer to the material I provided. Clear examples of use being restricted (decompilation, disassembly, copying, publication of performance measurements, etc.) A license can restrict use, and we need to do exactly that (restrict use in training models and in inference) to address this new kind of threat to intellectual property rights.
- seadan83 4y agoI suspect those materials were read carefully. The gist of the rebuttal is that an author cannot reserve rights they do not have and licenses "can" claim restrictions that they are not able to actually claim (depending upon local law)