From: "W. Kent Starr" <elderburn@...>
Date: 2001-03-07T09:07:32+09:00
Subject: [ruby-talk:12193] Re: Licensing, Intellectual Property, and Ruby code (longish)

On Tuesday 06 March 2001 11:42, Colin Steele wrote:
> I am struggling with issues of licensing, intellectual property, and
> Ruby code, as it relates to the site I've been working on - the Ruby
> Cookbook (www.rubycookbook.org).
>
> Specifically, my question is:
>
>     "Should a public forum for the development of Ruby code require
>      that the code posted to it be licensed in such a fashion that
>      allows/encourages the open development, use and modification of
>      such code?"
>
> One might think, "Hey, all comments/code are copyright by their
> respective posters, right?"  That is certainly one possibility.  Many
> user-generated-content sites on the net (like Slashdot), use this
> model.
>
> However, the Cookbook is different, in that it is specifically used
> for the archival, distribution, and development of *source code*.  If
> the posted code does not have some sort of open license, it makes it
> illegal (strictly speaking) for that code to be used/modified in any
> way without working out the licensing/ownership issues with the
> author.
>
> There are a ways to resolve this issue.  The one I'm leaning towards
> is having the site's "Terms of Service" specify that any content
> submitted to the site is done under the terms of the GNU Public
> License (GPL).
>
> What do you folks think of this issue in general?  What do you think
> of having posted code automatically become GPL'd?

Well, common sense would seem to indicate that if I post my code in a public 
forum, it is there for others to use and abuse if they choose. Unfortunately, 
any kind of sense these days is very uncommon when you get into the area of 
laws and regulations. 

For your own protection you _should_ have something in your terms of service 
stating that all posted code is under terms of GPL, Artistic License or 
whatever (you may opt to choose the latter as GPL does carry a certain 
copyleft restriction.)  

As I understand it, email in Australia now is technically covered by 
copyright and even forwarding it w/o the originator's express permission 
could violate the law (penalty is AU$60000 and/or 5 years in jail).

So, yes, make a definite statement in your TOS and then put BIG LOUD BUTTONS 
all over the place calling attention to the TOS and its terms. Your first 
obligation is to keep _your_ derriere out of the ringer; your second, IMO, 
would be to the Ruby community you are tyring to serve and, lastly, to the 
creators of code themselves to ensure they are given proper credit due them.

Just my 2 cents.

Regards,

Kent Starr
elderburn@mindspring.com