[openbeos] Re: Sunday amusement
- From: John Tegen <john.tegen@xxxxxxxxxxxxxxxxxx>
- To: John Tegen <john.tegen@xxxxxxxxxxxxxxxxxx>,''Graham Gilmore ' ' <grahamg@xxxxxxxxxxxx>,"''openbeos@xxxxxxxxxxxxx ' '" <openbeos@xxxxxxxxxxxxx>
- Date: Mon, 28 Jan 2002 21:03:13 -0800
Appending the previous e-mail. I have asked my lawyer friend regarding
derivative work and that the implementation is original. The question lies
where does the copyright end (plus enforcement).
Does anyone know of other open source effort that has taken the closed
source, un-modified, header files as the basis of its new implementation?
-----Original Message-----
From: John Tegen
To: 'Graham Gilmore '; 'openbeos@xxxxxxxxxxxxx '
Sent: 1/28/02 8:36 PM
Subject: [openbeos] Re: Sunday amusement
The Be API headers contain:
/********************************************************************
/
/ File: Button.h
/
/ Description: BButton displays and controls a button in a window.
/
/ Copyright 1992-98, Be Incorporated, All Rights Reserved
/
**********************************************************************/
This is a copyright notice. For items published in the US after 1989, a
copyright notice is not required or any country that signed the GATT.
However, the notice is helpful for those that claim ignorance later.
We must assume the copyright was transferred to Palm upon purchase.
This
probably included trademarks (Be, Be Logo, Geek Port, etc) as well.
Copyright infringement is the unauthorized use of copyrighted work that
includes plagiarism. There is an out that falls under "fair use", but
OBOS
would probably not fall under that (educational purposes). Plagiarism
is
defined as passing off someone else's work as your own, whether word for
word (in the case of the header files) or merely the creative ideas
(design,
icons).
I have a lawyer friend that specializes in technology law. I will ask
him
his thoughts on this.
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