How strip down kernel code?
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Author:  bzt [ Thu Jul 04, 2019 3:05 am ]
Post subject:  Re: How strip down kernel code?

Solar wrote:
A company could make a claim that your spare-time work is "derived" from 9-to-5 work. They can (in most legislations) rule that you may not work on a "competing" product while employed (protecting their IP).
I see. Then this is definitely a difference. In my country a company can't do that; it is perfectly fine to work on a "competing" product in your spare-time, no company have a saying in that. Actually the situation here is quite the contrary: it is rather encouraged because companies have realized that by having the same hobby the employee will get more experience on the topic without the need to pay for their education :-) Regardless a company can make a claim, but for that they have to prove that the employee have stolen and reused source code. Reimplementation from scratch doesn't count, it can't be considered a derivative. Which is absolutely correct imho, no employee should steal source code (not only from their employer, but from anywhere), that's just not right, period. Likewise if an employee learns something from their day-time job which they can benefit from, then that knowledge is theirs, and only theirs. This is only fair this way I'd say. Both parties got something, so it's a win-win.


Author:  Solar [ Thu Jul 04, 2019 3:38 am ]
Post subject:  Re: How strip down kernel code?

~ wrote:
I understand that open source in general is OK to use as long as you produce back more open sources for generic use...

Ah, but therein lies the problem. It does not matter how you understand it!

In the eyes of the GPL proponents, "open source" (BSD, CC0, ...) is a lesser thing than "free software". Not a bit lesser, but much lesser. "A social problem", actually. (Direct quote from Mr. Stallman.)

The GPL is quite clear about this: If you use GPL'ed code for your project, your project must be GPL as well. Not "some kind of open source", "available", "beneficial", or "giving back". GPL, very specifically. Otherwise you are in breach of the GPL license, and they do take it seriously.

~ wrote:
If somebody really doesn't want others to use their code, it's easier that they keep it private forever, share it when they want, but the rest of the code that is public will be easily used as much as any HTML/JavaScript code for any purposes.

You do realize that you are not allowed to copy HTML / JavaScript, either, without permission / license? The fact that it is available does not mean you are allowed to copy it. If I post a picture on my website, without giving permission to copy it (like for example CC-SA-BY), you are not allowed to use it in any way other than looking at it on my website. "All rights reserved" is, indeed, the default of copyright.

Author:  nullpointer [ Tue Jul 09, 2019 8:22 am ]
Post subject:  Re: How strip down kernel code?

Thank you all guys for ur very interesting notes about the legal side of the problem.
I'm not a programmer and I don't plan to use any code any where. Just for fun I like to understand how stuff works under the hood like any curious person.
My ultimate goal (the dream of my life) is to understand the Linux 0.01 source code !!

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