Xiaofan wrote regarding 'Re: [OT] OSS' on Sun, Dec 18 at 05:44:
> I am not a legal expert but let me try with an example. Maybe I am
> totally wrong.
> 
> Say if a common circuit like a follower is GPLed. We need to use it
> in our design, and by use it in the circuit, our design will be consider
> derived work so we will need to publish the whole circuit. That is good
> if "we" do not want to earn money but not if we do want to survive.
> 
> Another example, suppose the 0.18um CMOS gate design is GPLed,
> and all the 0.18um CMOS IC will be again considered as derived work.
> Guess that is good to everyone except those who work for semiconductor
> companies. ;-)
> 
> Just another seeming crazy example, suppose helloworld C program
> is GPLed, what will happen to all the C programs?

Those are examples of things which are already available in the public
domain, and are obvious enough in implementation that they could be
recreated in a "clean room" environment without having to see the
original work.  If someone could recreate the functionality without
seeing the original design, then their new work would not be covered
under the original license.  That's sort of how Wine works - they have
the specs for what goes in and what comes out, but they haven't
actually seen the Windows source.  So they recreate the functionality
and are not encumbered by whatever license would be required to view
MS's copyrighted code.

For hardware, it might be be better to use a modified BSD license [1]
or the Apache license [2].  Both basically allow redistribution of
derived works as long as any source distribution includes the original
license statements (where the licensed code is used only) and gives
credit to the original author.  They do not require that the
derivative work be licensed under the same license, or that
modifications be made public.

[1] http://www.xfree86.org/3.3.6/COPYRIGHT2.html#5
[2] http://www.apache.org/licenses/LICENSE-2.0

I generally release stuff under the GPL with contact information - if
someone wants to redistribute modified versions of things I write,
I'll happily license it to them under different terms - but basically
that's because I'd just like to know if someone's using my code.  I'm
not in it for the money - I just want anyone who can benefit from my
work to be able to do so.  Someone developing for money would likely
have a different view. :)

--Danny
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