On Wed, Jan 13, 2016 at 7:25 PM, Bret Johnson <bretj...@juno.com> wrote:
> There's also a question of the timing, since I think Jack wrote and released 
> those programs and source code before the MS-DOS source code was released 
> (unless Jack had gotten access to some MS source code earlier than that).  I 
> also think Jack used to program for a living, though I'm not sure if it was 
> DOS-related or not.
>
> I've looked at some of Jack's earlier source code.  If he was "tainted" by 
> something he did (either earlier or later), am I now "tainted" too?  Is it 
> possible that anybody who ever has or will work on or look at 
> commercial/proprietary software is forever "tainted" and can't work on free 
> stuff any more?  Are you "tainted" when you buy a book that has some sample 
> source code in it?  Am I "tainted" because I've looked at the IBM Technical 
> References that contain the BIOS source code for early PC's?
>
> I can certainly understand the paranoia from a totally volunteer organization 
> like FreeOOS, but there needs to be some reasonable perspective applied to 
> this at some point in time.
>


I am not a lawyer, but over time I have received advice from lawyers.

I understand it is the direct viewing of proprietary source code that
matters. If you examine Microsoft's source code, then you become
"tainted" (legal term to mean information was obtained illegally or
unlawfully). I am told such knowledge is also called "fruit of the
poisonous tree." If you only examined someone else's open source code
that may be (unknown to you) tainted by proprietary source code, then
you do not become tainted.


While I understand some people think it an overreaction, we must avoid
any suggestion that we benefit from proprietary source code. I do not
think it likely that Microsoft would take action against an open
source DOS operating system in 2016, but that does not matter. The
right thing to do is avoid proprietary source code in developing
FreeDOS.

For any developer who did examine the MS-DOS source code, I ask that
they do not contribute to FreeDOS programs that replace MS-DOS
functionality. Specifically, this means programs in the Base category:

http://freedos.sourceforge.net/software/?cat=base

However, FreeDOS includes extra functionality not found in MS-DOS.
These features did not exist in any version of MS-DOS. Even if you
have studied the MS-DOS source code, I believe you can contribute to
the non-Base parts of FreeDOS.

------------------------------------------------------------------------------
Site24x7 APM Insight: Get Deep Visibility into Application Performance
APM + Mobile APM + RUM: Monitor 3 App instances at just $35/Month
Monitor end-to-end web transactions and take corrective actions now
Troubleshoot faster and improve end-user experience. Signup Now!
http://pubads.g.doubleclick.net/gampad/clk?id=267308311&iu=/4140
_______________________________________________
Freedos-user mailing list
Freedos-user@lists.sourceforge.net
https://lists.sourceforge.net/lists/listinfo/freedos-user

Reply via email to