[Insight-users] Re: lsm reader fails for 2 channels v: GPL License & Contributions to ITK

Luis Ibanez luis.ibanez at kitware.com
Thu Sep 20 20:42:55 EDT 2007



Hi Dan,


Unfortunately we *can not* adopt code that is licensed under the GPL
license. The reciprocity term of the GPL license is not compatible
with the terms of the ITK license. In the context of BSD-like licenses
we consider that the reciprocity clause of GPL is an unnecessary burden
imposed on the recipients of the code.


That being said, if you (or your group) are the copyright holder of the
vtkLSMReader, and you are interested in contributing it to ITK, you
*are entitled* to dual-license the code. That is, you can distribute
it under a GPL license *and* under a BSD-like license (or any other
license of your choice).


Or, you can also simply relicense it under a BSD license and still
distribute it along with a larger collection of other software covered
by the GPL license. Since, code under BSD can be distributed along with
GPL code without any conflict.


Note that you first should make sure that the code in the vtkLSMReader
is not *derivative work* from any code licensed under GPL for which
you are not the copyright holder. Otherwise you don't have the freedom
to choose the license of the vtkLSMReader, that choice has been made
for you by the hypothetical GPL code from which the vtkLSMReader may be
derivative work.



For more details in Open Source Software Licensing you may want to
look at the excellent book by Lawrence Rosen:

       "Open Source Licensing
        Software Freedom and Intellectual Property Law"

Available online at:
http://www.rosenlaw.com/oslbook.htm




Your well-intentioned suggestion of just "Looking at the code"... is
actually a very risky thing for us to do, because it become very hard
later on to argue that we developed a truly "independent" piece of
software.


Chances are that bits and pieces of the vtkLSMReader code will percolate
into the new implementation and we may end up infringing the copyright
of pre-existing code.


BTW, Keep in mind that under US laws, copyright infringement is a
      Felony, and a single instance of willfull copyright infringement
      (even with non-profit purpose) may result in up to 1 year of
      prison and up to $150,000 fines.

http://www.chillingeffects.org/piracy/faq.cgi#QID285
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01852.htm



      Regards,


         Luis


----------------
Dan White wrote:
> Hi Alexandre,
> 
> We have put a lot of effort into the BioImageXD vtkLSMReader
> and its a pity if you cant use it...?
> Are you sure you cant use it....?
> At least you can look at it and discover solutions to the complex format 
> that is .lsm
> 
> Carl Zeiss are usually free with the file format information, 
> just contact them and they will give you the full specs.
> 
> cheers 
> Dan (BioImageXD)
> 
> 
> On Sep 20, 2007, at 4:31 PM, insight-users-request at itk.org 
> <mailto:insight-users-request at itk.org> wrote:
> 
>> Message: 1
>>
>> Date: Tue, 18 Sep 2007 20:41:12 -0700
>>
>> From: Alexandre GOUAILLARD <hanfei at caltech.edu 
>> <mailto:hanfei at caltech.edu>>
>>
>> Subject: Re: [Insight-users] lsm reader fails for 2 channels ?
>>
>> To: Daniel Mace <dlm19 at duke.edu <mailto:dlm19 at duke.edu>>
>>
>> Cc: ITK <insight-users at itk.org <mailto:insight-users at itk.org>>
>>
>> Message-ID: <C315E868.4BB0%hanfei at caltech.edu <mailto:hanfei at caltech.edu>>
>>
>> Content-Type: text/plain; charset="US-ASCII"
>>
>>
>> Hi dan,
>>
>>
>> As far as I know, vtkLSMReader is part of the BioImageXD source code, 
>> which
>>
>> is under GPL. We would like our code to be BSD and thus can not integrate
>>
>> that file in our repository. We could have a separate tool, but it is nt
>>
>> really satisfactory.
>>
>>
>> Please send over the LSM file technical document, I'll evaluate the amount
>>
>> of work to improve the actual itk LSM reader. Thanks in advance, LSM 
>> reader
>>
>> is a must for us.
>>
>>
>> Another option would be to have the original author of the vtkLSMReader to
>>
>> grant me permission to use their file as an inspiration (i.e. To 
>> provide me
>>
>> the file under a BSD-ish licence). Is there any of them on the ITK mailing
>>
>> list?
>>
>>
>> It looks like it's a bug of the ITK implementation anyway.
>>
>>
>> alex
>>
> 
> Dr. Daniel James White BSc. (Hons.) PhD
> Senior Microscopist / Image Processing and Analysis
> Light Microscopy Facility
> Max Planck Institute of Molecular Cell Biology and Genetics
> Pfotenhauerstrasse 108
> 01307 DRESDEN
> Germany
> 
> +49 (0)176 61262128 (German Mobile)
> +49  (0)351 210 2627 (Work phone at MPI-CBG)
> +49 (0)351 3265048 (German Festnetz "landline"  - cheaper)
> +49  (0)351 210 1078 (Fax MPI-CBG LMF)
> +358 (0) 468102840 (Finnish mobile, only when I'm in Finland)
> http://www.bioimagexd.net
> http://www.chalkie.org.uk
> dan at chalkie.org.uk <mailto:dan at chalkie.org.uk>
> ( white at mpi-cbg.de <mailto:white at mpi-cbg.de> )
> 
> 
> 
> 
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