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

Fri Sep 21 06:07:23 EDT 2007

Dear All,

(Pasi and Kalle read below)

regarding BioImageXD vtk kit vtkLSMReader

We have an issue here with our use of the GPL license
preventing the very useful and much laboured on LSM reader code
being reused in projects with different licenses such as
BSD and also VTK / ITK style licenses.

Of course we want as many people to make use of our work as possible,
but still somehow keep the legal situation good.

So the question is what to do.
There are some suggestions below from Luis and Alex.

I expect asking our lawyers at UTU will lead to the usual guarded  
response
or do we now know one who is in tough with open source issues...
you would think in the country that gave us Linus T
we would be able to find a university lawer who can actually help us  
with this stuff.

Anyway, Pasi and Kalle, your opinions much needed here...
Especially since Kalle and Heikki U actually wrote the thing.

Dan

On Sep 21, 2007, at 2:42 AM, Luis Ibanez wrote:

>
>
> 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> )
>> --------------------------------------------------------------------- 
>> ---
>> _______________________________________________
>> Insight-users mailing list
>> Insight-users at itk.org
>> http://www.itk.org/mailman/listinfo/insight-users

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
( white at mpi-cbg.de )

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://public.kitware.com/pipermail/insight-users/attachments/20070921/e83d1d58/attachment-0001.htm