[Insight-users] Re: lsm reader fails for 2 channels v: GPL License
& Contributions to ITK
Luis Ibanez
luis.ibanez at kitware.com
Fri Sep 21 12:27:09 EDT 2007
Hi Dan,
Thanks a lot for considering the issue.
A last point that I forgot to mention:
Please keep in mind that if the authors of the software wrote the code
as part of their normal work activities, (that is, if they were paid by
their employer for writing the code), then this code is considered
"work-for-hire" and therefore the copyright is own by their employer,
not by the software developers.
In that case, the employer (e.g. University or Company) is the
only one entitled to make licensing decisions.
That is at least the case under US copyright laws...
but given that Finland has signed the Berne Convention:
http://www.copyrightaid.co.uk/copyright_information/berne_convention_signatories
I would speculate that you probably have similar provisions
in your national copyright laws.
http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.pdf
You should probably also check with the intellectual property
office of your University, to see what are the policies of your
institution.
Regards,
Luis
----------------
Dan White wrote:
> 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 <mailto: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 <mailto:dan at chalkie.org.uk>
> ( white at mpi-cbg.de <mailto:white at mpi-cbg.de> )
>
>
>
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