Microsoft airs tools' source code online

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Actually, you may both be wrong?

Or at least as I read and remember, you're both incorrect: both ADaka and OldSkool. Both the GPL and CPL will claim Ardian's hypothetical library as deravitive works. In the CPL the language is somewhat more hidden, but it is plainly there.

The definition of a "Program" in the CPL is: "Program means the Contributions distributed in accordance with this Agreement." That means any code that is Contributed under the Agrteement is covered by the Agreement. What code is Contributed? From the CPL definition of Contributed (elipsis and emphasis mine):

"additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor... Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program."

A derivative work is, basically, understood to mean any work which relies in whole or in part on the original work for its incarnation. That which is not a derivative work is not Contributed; therefore that which is a derivative work is Contributed (double negatives, you know). So, for example, if Adaka copies a routine from the original Microsoft Code (MC), thereby relying on the MC for the incarnation of his Library; he has defacto contributed his code to the Program since he derived his work from theirs. If his code must therefore be Contributed it must be distributed as the Program - in other words - under the CPL, but as part of the Microsoft-released Program.

The exception is if his work is a separate entity. That is, Adaka's program is distributed in conjunction with, but uses no code from as part of it's own body the Program. A comparable example would be if ADaka distributed his compiled program, and outcalled to the MC compiled code to execute a certain function. Since there's a definite division between his and theirs, there is no contribution. The same cannot be said of the library example.

Now, I'm sorry to say, but the GPL works the same way. Except that instead of your code being forced into a Program for which there is a license; a license is forced into your code. The end result though is the same: the code remains open and available. This is why the Free Software Foundation classifies the CPL as a "Free License", but not a compatible license.

Why is there an incompatibility between the CPL and the GPL. The GPL unequivocably demands that the code not be encumbered by further licensing restrictions. By contrast the CPL demands a licensing restriction and indemnity with regard to patents. These clauses are mutually incompatible.

Practical upshot: the CPL will not as ADaka claims allow you to derive portions into a library and then close your code. Then again, neither will the GPL.

(Yes, someone mentions one of these quotes in another thread, but failed to mention the clarifying definition, and thus the need for this completion. I'd be interested in hearing any other readings as I cheerfully admit mine may not be the only interpretation. If this thread should be at limit, please don't start a new thread, just address me in a branch of this one. We can both grumble about ZD-Net's stupid thread limits there.)

Posted by: John Le'Brecage   Posted on: 04/06/04 You are currently: a Guest | Members login | Terms of Use

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