Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-07 Thread Christophe-Marie Duquesne
FYI, I asked the question on debian-legal (no answer yet).

http://lists.debian.org/debian-legal/2012/07/msg00012.html


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Andrey Rahmatullin
On Fri, Jul 06, 2012 at 11:35:34AM +0200, Christophe-Marie Duquesne wrote:
 I want the libary to be a fully compatible runtime and compile-time
 replacement for the closed-source one, so I have no choice but to use
 the exact same symbol names in my header. What I do is I take the
 header of the closed-source library, wipe out the comments and
 elaborated macros, and then implement all the functions of the exposed
 API in a .c file. As a consequence, there is very little actual
 difference between my header and the one of the closed-source library.
 
 The question is: what copyright issues could I possibly be exposed to?
 I've been asking the question to wine developpers [1], who have to
 deal with the same kind of issues, but since I intent to package my
 work for debian, I would be more comfortable if someone confirmed me
 it is ok to do what I do, and if it is not, how I can fix it.
We are not lawyers, but see the recent Google v. Oracle lawsuit.
Of course that's only USA law and USA court, but you cannot get one answer
for the whole world.

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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Christophe-Marie Duquesne
On Fri, Jul 6, 2012 at 11:41 AM, Andrey Rahmatullin w...@wrar.name wrote:
 We are not lawyers, but see the recent Google v. Oracle lawsuit.
 Of course that's only USA law and USA court, but you cannot get one answer
 for the whole world.


I completely understand that there are no lawyers on this mailing list.

Would the borderline status of this library prevent it to be
included in Debian?


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Nicolas Bourdaud
Hi,

On 06/07/2012 11:58, Christophe-Marie Duquesne wrote:
 On Fri, Jul 6, 2012 at 11:41 AM, Andrey Rahmatullin w...@wrar.name wrote:
 We are not lawyers, but see the recent Google v. Oracle lawsuit.
 Of course that's only USA law and USA court, but you cannot get one answer
 for the whole world.
 
 
 I completely understand that there are no lawyers on this mailing list.
 
 Would the borderline status of this library prevent it to be
 included in Debian?


I think the best would be to ask on the dedicated mailing list:
 debian-le...@lists.debian.org

Cheers,

Nicolas



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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Christophe-Marie Duquesne
On Fri, Jul 6, 2012 at 1:19 PM, Nicolas Bourdaud
nicolas.bourd...@gmail.com wrote:
 I think the best would be to ask on the dedicated mailing list:
  debian-le...@lists.debian.org

Hi,

I did not know about debian-legal. I'll ask there.

Thank you!


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Gergely Nagy
Christophe-Marie Duquesne c...@chmd.fr writes:

 I am the author of an opensource library that reimplements a
 closed-source library.
[...]
 PS: the project in question is more a proxy towards the closed
 source library than a real reimplementation, but technically I
 actually reimplement every function of their header. If you are
 interested, it is hosted here [2].

If it is a proxy, then it is not a reimplementation. That you add a
wrapper for every function, doesn't matter, you still call the original.

If it would be a reimplementation, the best course of action would be to
start with a program that uses the library, and reimplement the
functionality based on what the program expects.

If you base your work on existing headers, that's borderline derived
work. If you proxy, that *is* derived work, and the whole excercise is
rather pointless, as you will still be bound by the original
license. That you dlopen() and not directly link, is irrelevant.

(At least, that is my understanding of legalities, but as always, I'm
not a lawyer.)

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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Michael Wild
On 07/06/2012 01:22 PM, Gergely Nagy wrote:
 Christophe-Marie Duquesne c...@chmd.fr writes:
 
 I am the author of an opensource library that reimplements a
 closed-source library.
 [...]
 PS: the project in question is more a proxy towards the closed
 source library than a real reimplementation, but technically I
 actually reimplement every function of their header. If you are
 interested, it is hosted here [2].
 
 If it is a proxy, then it is not a reimplementation. That you add a
 wrapper for every function, doesn't matter, you still call the original.
 
 If it would be a reimplementation, the best course of action would be to
 start with a program that uses the library, and reimplement the
 functionality based on what the program expects.
 
 If you base your work on existing headers, that's borderline derived
 work. If you proxy, that *is* derived work, and the whole excercise is
 rather pointless, as you will still be bound by the original
 license. That you dlopen() and not directly link, is irrelevant.
 
 (At least, that is my understanding of legalities, but as always, I'm
 not a lawyer.)
 

Also, just taking the proprietary header, kicking out all comments and
elaborating the macros is IMHO not acceptable since it's copyrighted
under a proprietary license. The only thing you *could* do is take the
publicly available documentation (if there is any) and re-write the
header based on that information.

IANAL etc

Michael


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Christophe-Marie Duquesne
On Fri, Jul 6, 2012 at 1:22 PM, Gergely Nagy
alger...@madhouse-project.org wrote:
 If it is a proxy, then it is not a reimplementation. That you add a
 wrapper for every function, doesn't matter, you still call the original.

Yes, it is meant to be a proxy.

 If it would be a reimplementation, the best course of action would be to
 start with a program that uses the library, and reimplement the
 functionality based on what the program expects.

No, the point of this work is to provide stub libraries for osi [1] to
compile against.
I don't want to actually reimplement the solvers.

 the whole excercise is
 rather pointless, as you will still be bound by the original
 license.

This would allow people who have licenses for these solvers to use Osi easily.
Osi is an opensource library to write solver-agnostic code. It is
great, but lots of people
don't use it just because it is difficult to compile, and they use
directly a commercial solver.
I'm just trying to bring more users here.

On Fri, Jul 6, 2012 at 1:54 PM, Michael Wild
them...@users.sourceforge.net wrote:
 The only thing you *could* do is take the
 publicly available documentation (if there is any) and re-write the
 header based on that information.

Please elaborate. Would this qualify as publicly available
documentation? [2] [3] [4]

[1]: https://projects.coin-or.org/Osi/
[2]: 
ftp://public.dhe.ibm.com/software/websphere/ilog/docs/optimization/cplex/refcallablelibrary.pdf
[3]: http://www.gurobi.com/documentation/5.0/reference-manual/
[4]: 
http://www.fico.com/en/FIResourcesLibrary/Xpress-Optimizer-Refernce-Manual.pdf


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Roger Leigh
On Fri, Jul 06, 2012 at 11:35:34AM +0200, Christophe-Marie Duquesne wrote:
 I want the libary to be a fully compatible runtime and compile-time
 replacement for the closed-source one, so I have no choice but to use
 the exact same symbol names in my header. What I do is I take the
 header of the closed-source library, wipe out the comments and
 elaborated macros, and then implement all the functions of the exposed
 API in a .c file. As a consequence, there is very little actual
 difference between my header and the one of the closed-source library.

To avoid any implication that anything from the headers has been
copied, why not just use the output of nm [-D].  This is the
interface that programs use to link with the library, and is
what you need to provide as a drop-in replacement.


Regards,
Roger

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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Christophe-Marie Duquesne
On Fri, Jul 6, 2012 at 2:40 PM, Roger Leigh rle...@codelibre.net wrote:
 To avoid any implication that anything from the headers has been
 copied, why not just use the output of nm [-D].  This is the
 interface that programs use to link with the library, and is
 what you need to provide as a drop-in replacement.

I am not sure I could use that. nm does get you the name of the
symbol, but it does not get you the signature.


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Gergely Nagy
Christophe-Marie Duquesne c...@chmd.fr writes:

 On Fri, Jul 6, 2012 at 2:40 PM, Roger Leigh rle...@codelibre.net wrote:
 To avoid any implication that anything from the headers has been
 copied, why not just use the output of nm [-D].  This is the
 interface that programs use to link with the library, and is
 what you need to provide as a drop-in replacement.

 I am not sure I could use that. nm does get you the name of the
 symbol, but it does not get you the signature.

You get that from examining appropriately licensed source code that uses
the library.

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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Will Dowling

 PS: the project in question is more a proxy towards the closed
 source library than a real reimplementation, but technically I
 actually reimplement every function of their header. If you are
 interested, it is hosted here [2].

In addition to the debian-legal list, you might want to speak to the 
guys over at the Free Software Foundation.


I posed a similar question to them about using wrapper/chain-linking 
libraries to do something similar - they were really great about telling 
me its a no-go, and to look here:


http://www.gnu.org/licenses/gpl-faq.html#GPLWrapper

I guess your situation is a bit different though, might be worth giving 
them a holler though.


Hope this helps :)


Will Dowling

E: opensou...@autodeist.com


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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Russ Allbery
Roger Leigh rle...@codelibre.net writes:

 To avoid any implication that anything from the headers has been copied,
 why not just use the output of nm [-D].  This is the interface that
 programs use to link with the library, and is what you need to provide
 as a drop-in replacement.

I'm also not a lawyer, and you'd really need to get a legal opinion, but
I'm fairly sure that this is excessively conservative.  The prototypes in
the header (sans any macros, inline functions, or comments) constitute a
functional interface, which is not copyrightable in the US and I believe
is not copyrightable in Europe either.  There is some precendent for doing
something similar to what you're doing (see readline/editline).

Of course, even if what you're doing is perfectly legal, that doesn't
prevent someone from suing you anyway.

-- 
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Re: Copyright problems for the opensource reimplementation of a closed-source library (ITP #679504)

2012-07-06 Thread Bart Martens
On Fri, Jul 06, 2012 at 11:35:34AM +0200, Christophe-Marie Duquesne wrote:
 I take the
 header of the closed-source library, wipe out the comments and
(...)

In that case I see no doubt that you start from the closed-source work.

I have read other comments in this thread suggesting different approaches, and
I'm not sure where exactly to draw the line.

Regards,

Bart Martens


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