On Sat, 07 May 2005 13:54:22 -0600 Tres Melton <[EMAIL PROTECTED]> babbled:

> But If the E developers import your code into a BSD project then won't
> it become BSD?  Otherwise that seems like a good plan.

correct - thus the exception clause is kind of pointless :) you may as well go 
bsd to start :)

> > well you could make them GPL - but mej can just not accept the patches as 
> > they would taint eterm's existing license making it gpl. bsd guarantees 
> > that THAT code stays open - but if people can steal it - if i want to 
> > "steal" that code and put it into some closed proprietary project - you 
> > would never know. it can be reformatted, and at the end of the day its an 
> > algorithm. there are only so many ways you can write a fast routine to do a 
> > fairly narrow scoped task. if that was the case someone would have claimed 
> > copyright infringement on for (i = 0; i < n; i++) a long time ago :)
> 
> I take your point about code theft.  It is a good one but there are
> exceptions to that.  What's that guy's name in Germany that runs
> gpl-violations.org, Harald Welte?  He also wrote most of the IP tables
> code.  He has gotten a number of companies to comply with the GPL and
> post their code.  Every once in awhile hell does freeze over.  :-/

oh i know - my point is - it depends what the core "smartness" of the code is - 
if its really just a faster alpha blending routine - the moment the code is 
open you let out the real secrets. the loop structure it generic - but the 
nitty details of how its done are out. a lot of those commands could be 
re-ordered with no effect (ie i +=1, j += 1 can be j = j + 1, i = i + 1 with no 
ill effects and well - its not copied anymore - proving copyright infringement 
on sufficiently modified code is nigh impossible - given the code is small and 
its general structure is generic (loop through pixels form top left to bottom 
right doing operation X on them from source to destination buffer - that's so 
insanely generic), that the only real MEAT of the code is the algorithm to do 
the operation - and that is simply expressed explicitly in your code). 
basically i can read the code - go "aha - thats how to do it" - and type it out 
again myself - not even copy and paste - re-order some things - 
 customise to my own loop structures and input/output variable names and bingo 
- new code - copied from your old, but u'll never have a snowballs chance in 
hell of trying to enforce violation :) if the code is large and complex with 
very unique characteristics (ala ip tables as part of the kernel) its easy to 
find, identify and prove infringement :)

> If for(i = 0; i < n; i++) was patented would it be owned by Brian
> Kerningham or Dennis Ritchie?

the patent would long since have expired :) but copyright is not really 
possible as its a generic construct - like "i go home" a generic english 
sentence construct. :)

> > anyway - i can understand what you mean - but even if it were gpl you 
> > couldn't practically find instances of it in closed code :(. you will know 
> > your code will be public and free in eterm's code and available and able to 
> > be re-used with very few restrictions, but not more limitations than that.
> > 
> > basically if someone submits patches to code - they are implicitly agreeing 
> > to the existing copyright license unless they ask for a change or 
> > re-license their patches and code. if they are licensed differently the 
> > chances of them being used drop dramatically to somewhere about 0 :(
> 
> As I stated, Eterm is Mej's baby and he can have my modifications anyway
> that he wants them.  That doesn't mean that I can't hope for a license
> change to the GPL though.  My SSE2 modifications were originally

a license change would require all copyright holders agree (listed in AUTHORS). 
so changing to GPL is a lot harder than you licensing as bsd :) i get your 
point - definitely! i guess i'm a pragmatist when it comes to licensing - if 
you open the code... you have made it all fair game. anyone can read it and go 
"oh that's how its done" and trivially re-produce the important parts, without 
copying. that's how i learnt to code - i scour the world for examples and read 
manual pages... i haven't copied code - i have learnt the "trick" and applied 
it :)

> patterned after the MMX extensions by Willem Monsuwe <[EMAIL PROTECTED]>

i see you did a similar thing then :)

> anyway.  They were changed to run on x86_64, use all 128 bits of the
> SSE2 %xmm registers, and converted to inline assembly to avoid problems
> with a changing register allocator in gcc.  They are hardly recognizable
> now and if I worked for M$ Mr. Bill would claim ownership but I'm coding
> for the benefit of everyone and I believe in giving credit where credit
> is due.  Cheers to Willem!  ;-)  I still wish there was someway to

indeed. i think its better to just license liberally and hope to hell people 
"play nice" and "do the right thing". :)

> guarantee that my work wouldn't end up in the hands of a morally
> impaired company without at least getting a paycheck.  I might be old
> fashioned but I like to get kissed before I get screwed.  Your points
> are well taken but I still don't want to be the one to write M$' next
> TCP/IP stack.

agreed - but in all reality - you dont even need source for that. disassembling 
binary and reverse engineering from there is not impossible - hell how do you 
think most software copy protection is "cracked" :) it's been done for decades 
now. even in binary your code isn't safe :(

-- 
------------- Codito, ergo sum - "I code, therefore I am" --------------
The Rasterman (Carsten Haitzler)    [EMAIL PROTECTED]
裸好多                              [EMAIL PROTECTED]
Tokyo, Japan (東京 日本)


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