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New items for the licensing FAQ [message #26632] Tue, 22 November 2005 19:22 Go to next message
Mike Milinkovich is currently offline Mike MilinkovichFriend
Messages: 260
Registered: July 2009
Senior Member
There have been lots of conversations about enhancing the licensing FAQ, and
clarifying certain topics around derivative works and the likes.

After many conversations with the Foundation's lawyers, here are three Q&A's
that will be added to the EPL FAQ. I sure hope they help :-)

Since we're getting close to switching over to Phoenix, I have not updated
the old HTML FAQ. The new and updated version currently lives at
http://phoenix.eclipse.org/legal/eplfaq.php

------------------------------------------
Q: Some open source software communities specify what they mean by a
"derivative work". Does the Eclipse Foundation have a position on this?

A: As described in article 1(b)(ii) of the Eclipse Public License,
"...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." The definition of derivative work varies under the copyright laws
of different jurisdictions. The Eclipse Public License is governed under
U.S. law. Under the U.S. Copyright Act, a "derivative work" is defined as
"...a work based upon one or more preexisting works, such as a translation,
musical arrangement, dramatization, fictionalization, motion picture
version, sound recording, art reproduction, abridgment, condensation, or any
other form in which a work may be recast, transformed, or adapted. A work
consisting of editorial revisions, annotations, elaborations, or other
modifications which, as a whole, represent an original work of authorship,
is a "derivative work"." The Eclipse Foundation interprets the term
"derivative work" in a way that is consistent with the definition in the
U.S. Copyright Act, as applicable to computer software. You will need to
seek the advice of your own legal counsel in deciding whether your program
constitutes a derivative work.

Q: Some free software communities say that linking to their code
automatically means that your program is a derivative work. Is this the
position of the Eclipse Foundation?

A: No, the Eclipse Foundation interprets the term "derivative work" in a way
that is consistent with the definition in the U.S. Copyright Act, as
applicable to computer software. Therefore, linking to Eclipse code might or
might not create a derivative work, depending on all of the other facts and
circumstances.

Q: I'm a programmer not a lawyer, can you give me a clear cut example of
when something is or is not a derivative work?

A: If you have made a copy of existing Eclipse code and made a few minor
revisions to it, that is a derivative work. If you've written your own
Eclipse plug-in with 100% your own code to implement functionality not
currently in Eclipse, then it is not a derivative work. Scenarios between
those two extremes will require you to seek the advice of your own legal
counsel in deciding whether your program constitutes a derivative work.
Re: New items for the licensing FAQ [message #26795 is a reply to message #26632] Wed, 30 November 2005 15:08 Go to previous messageGo to next message
Eclipse UserFriend
Originally posted by: Lamont_Gilbert.rigidsoftware.com

Mike Milinkovich wrote:
> There have been lots of conversations about enhancing the licensing FAQ, and
> clarifying certain topics around derivative works and the likes.
>
> After many conversations with the Foundation's lawyers, here are three Q&A's
> that will be added to the EPL FAQ. I sure hope they help :-)
>
> Since we're getting close to switching over to Phoenix, I have not updated
> the old HTML FAQ. The new and updated version currently lives at
> http://phoenix.eclipse.org/legal/eplfaq.php
>
> ------------------------------------------
> Q: Some open source software communities specify what they mean by a
> "derivative work". Does the Eclipse Foundation have a position on this?
>
> A: As described in article 1(b)(ii) of the Eclipse Public License,
> "...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." The definition of derivative work varies under the copyright laws
> of different jurisdictions. The Eclipse Public License is governed under
> U.S. law. Under the U.S. Copyright Act, a "derivative work" is defined as
> "...a work based upon one or more preexisting works, such as a translation,
> musical arrangement, dramatization, fictionalization, motion picture
> version, sound recording, art reproduction, abridgment, condensation, or any
> other form in which a work may be recast, transformed, or adapted. A work
> consisting of editorial revisions, annotations, elaborations, or other
> modifications which, as a whole, represent an original work of authorship,
> is a "derivative work"." The Eclipse Foundation interprets the term
> "derivative work" in a way that is consistent with the definition in the
> U.S. Copyright Act, as applicable to computer software. You will need to
> seek the advice of your own legal counsel in deciding whether your program
> constitutes a derivative work.
>
> Q: Some free software communities say that linking to their code
> automatically means that your program is a derivative work. Is this the
> position of the Eclipse Foundation?
>
> A: No, the Eclipse Foundation interprets the term "derivative work" in a way
> that is consistent with the definition in the U.S. Copyright Act, as
> applicable to computer software. Therefore, linking to Eclipse code might or
> might not create a derivative work, depending on all of the other facts and
> circumstances.
>
> Q: I'm a programmer not a lawyer, can you give me a clear cut example of
> when something is or is not a derivative work?
>
> A: If you have made a copy of existing Eclipse code and made a few minor
> revisions to it, that is a derivative work. If you've written your own
> Eclipse plug-in with 100% your own code to implement functionality not
> currently in Eclipse, then it is not a derivative work. Scenarios between
> those two extremes will require you to seek the advice of your own legal
> counsel in deciding whether your program constitutes a derivative work.
>
>
>
>


Excellent.

\o/

CL
Re: New items for the licensing FAQ [message #33110 is a reply to message #26632] Wed, 19 April 2006 06:51 Go to previous message
Eclipse UserFriend
Originally posted by: bob.objfac.com

Very nice! Thanks for pursuing this.

Bob

Mike Milinkovich wrote:
> There have been lots of conversations about enhancing the licensing FAQ, and
> clarifying certain topics around derivative works and the likes.
>
> After many conversations with the Foundation's lawyers, here are three Q&A's
> that will be added to the EPL FAQ. I sure hope they help :-)
>
> Since we're getting close to switching over to Phoenix, I have not updated
> the old HTML FAQ. The new and updated version currently lives at
> http://phoenix.eclipse.org/legal/eplfaq.php
>
> ------------------------------------------
> Q: Some open source software communities specify what they mean by a
> "derivative work". Does the Eclipse Foundation have a position on this?
>
> A: As described in article 1(b)(ii) of the Eclipse Public License,
> "...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." The definition of derivative work varies under the copyright laws
> of different jurisdictions. The Eclipse Public License is governed under
> U.S. law. Under the U.S. Copyright Act, a "derivative work" is defined as
> "...a work based upon one or more preexisting works, such as a translation,
> musical arrangement, dramatization, fictionalization, motion picture
> version, sound recording, art reproduction, abridgment, condensation, or any
> other form in which a work may be recast, transformed, or adapted. A work
> consisting of editorial revisions, annotations, elaborations, or other
> modifications which, as a whole, represent an original work of authorship,
> is a "derivative work"." The Eclipse Foundation interprets the term
> "derivative work" in a way that is consistent with the definition in the
> U.S. Copyright Act, as applicable to computer software. You will need to
> seek the advice of your own legal counsel in deciding whether your program
> constitutes a derivative work.
>
> Q: Some free software communities say that linking to their code
> automatically means that your program is a derivative work. Is this the
> position of the Eclipse Foundation?
>
> A: No, the Eclipse Foundation interprets the term "derivative work" in a way
> that is consistent with the definition in the U.S. Copyright Act, as
> applicable to computer software. Therefore, linking to Eclipse code might or
> might not create a derivative work, depending on all of the other facts and
> circumstances.
>
> Q: I'm a programmer not a lawyer, can you give me a clear cut example of
> when something is or is not a derivative work?
>
> A: If you have made a copy of existing Eclipse code and made a few minor
> revisions to it, that is a derivative work. If you've written your own
> Eclipse plug-in with 100% your own code to implement functionality not
> currently in Eclipse, then it is not a derivative work. Scenarios between
> those two extremes will require you to seek the advice of your own legal
> counsel in deciding whether your program constitutes a derivative work.
>
>
>
>
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