On Sat, Jul 19, 2014 at 7:39 AM, Stefan Behnel <[email protected]> wrote:
>
> Sturla Molden, 19.07.2014 00:36:
> > Robert Bradshaw wrote:
> >> It's not just the initial patch; I'm primarily worried about the
> >> maintenance burden
> >
> > And also, will it break utility code and binary blobs? It might not even be
> > safe to put it in every file.
> >
> > And when put in files with utility C code, will it be included in the
> > generated .c file and taint this file with a notification about Cython's
> > Apache license?
>
> Well, on the technical side, stuff at the beginning of a utility code file
> should just be ignored, up to the first header line (starting with a
> sequence of at least 5 comment characters). Some of them already contain
> leading comments anyway.
>
> On the legal side, the licensing state of the generated code does not
> change by copying the license description from the global license file into
> each code file, because the global license already applies to the complete
> code base anyway (unless stated otherwise).
>
> However, what *is* the licensing state of the generated code? Strictly
> speaking, the code generated by Cython, all parts of which are embedded in
> Cython's own source code, could be considered a "derivative work" by some.

I suspect that "some" includes most lawyers and judges ;-). There's
tons of copyrightable code copied into Cython output.

[...]
> From my side, that statement definitely still applies. I really don't want
> to have anything to say on what users do with the code generated from their
> own source code. I do not even consider the generated code a "derivative
> work" myself, but IANAL...
>
> Anyway, as far as I understand it, the worst case is that people who ship
> Cython generated code have to add a copy of the Apache License to their
> package as well as any attribution notices we ship. That's annoying, but
> not really the end of the world.

No, the worst case is that GPL2 projects can't legally use code
written in Cython (perhaps even indirectly via other projects) :-(.
This might be okay because of the language in the GPL that's designed
to make it possible to write e.g. GPL'ed Win32 programs, but I'm not
at all sure.

> Also, utility code files could be exempt from the license explicitly by
> stating so (although they'd then need another license to allow for safe
> contributions to them).

There's substantial prior art for this kind of thing, see e.g. the GCC
runtime exception, the Classpath exception, etc.

You might want to send an email to [email protected] describing
the situation and asking for advice. (See
https://www.softwarefreedom.org/about/contact/)

-n

-- 
Nathaniel J. Smith
Postdoctoral researcher - Informatics - University of Edinburgh
http://vorpus.org
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