On Thursday 23 July 2009 20:20:45 Chris Wilson wrote:
> It's been mentioned before that, as far as I understand it, it's
> sufficient for anyone not connected with MinGW to publish
> information under a compatible license, for MinGW to be able to
> use that information to develop headers, even if the original
> source was breaching copyright rules. Their publishing of the
> information, which might have been a trade secret before, places
> the information in the public domain, and gives them and not us
> the responsibility for doing so. Is that a correct understanding?
My understanding is, that to be acceptable, the information has to
pass through a *different* form of expression. Thus, if the
Microsoft headers says:
#define FOO_MANIFEST 12345
and the Wine header also says:
#define FOO_MANIFEST 12345
then there is no change in the form of expression, so, while we may
not wish to accuse the Wine folks of wilful plagiarism, this *might*
be construed as such, in a court of law.
> If so, then perhaps rather than calling the Wine people
> plagiarists,
Yes, I've already acknowledged that that may have been stronger than
I really intended.
> we might persuade them to release their headers under
> a less restrictive license that would allow us to use them as a
> source?
No. It would need someone, unassociated with either project, to
publish the data in a different format, say as a reference table, so
as to release it into the public domain; then we can reproduce it,
transformed into the natural form required for a header definition,
without us ever referring to the original Microsoft copyrighted (and
possibly identical) form of expression.
--
Regards,
Keith
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