Linked by Thom Holwerda on Tue 13th Jun 2006 22:16 UTC
GNU, GPL, Open Source It's time for the Windows and Linux communities to drop the religious war and get together in a hurry to put the strengths of each operating system to best use, according to a nationally recognized authority on Windows Server. At the same time, Microsoft has been reaching out to the open-source community to try to find ways to overcome the incompatibilities between software distributed under the GNU General Public License and its own commercial software.
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by archiesteel on Wed 14th Jun 2006 03:20 UTC
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Derivative work includes suth things as copying algorithms.

No it doesn't. At most one could argue patenting an algorithm, but even then that would have nothing to do with the GPL, which concerns itself with copyright law only.

If GPL does prove to be upheld in the courts (it has not really be tested yet),

Actually, I believe it has, in Germany.

there is a serious risk that all of Office (or Windows) could be forced to be open sourced simply because one intern recoded the same cool algorithm he saw in GCC.

Hardly. As indicated above, you can't copyright an algorithm, only its implementation.

That said, copying copyrighted code is bad, whether the code is GPL or proprietary. If an intern was to copy code from a proprietary program, the problem would be as serious, if not more. Even then, removing the code and replacing it with original code would solve the issue.

(This only applies if it cam be _proven_ that the inten did copy that algorithm.)

Then issue here wouldn't be the GPL, it would be copyright law. Now, if you don't agree with copyright law then that's a different story...

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