Golly, Cameron.  That's just *brilliant*.  So whenever someone wants to know
about VistA and IP, we just sing them a chorus or two.  That never would
have occurred to me, for sure. ;-)

I've been in the business world far too long not to know that if were as
simple as you'd apparently like to believe, there'd be no lawyers.

My question stands.  Or perhaps I should break it in to two questions.

1) Has WorldVistA (or anyone else) already investigated these issues?

2) If so, is there a document somewhere that provides the answers?

A simple yes / no response, sans sarcasm, to the first question would be
appreciated.

Thanks,
Bill


----- Original Message -----
From: "Cameron Schlehuber" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, November 13, 2004 1:47 PM
Subject: RE: [Hardhats-members] Protecting Pedi Project IP


Great questions and great responses!  I'm no lawyer either, but that doesn't
mean that truth can't be easily determined.  Let's try for some plain and
simple examples from everyday life.

The poem "Mary Had a Little Lamb" is in the public domain in the same way
that VistA is in the public domain.  Yet, there are numerous books with that
poem that are copyrighted in the traditional manner.  It's the entire work
that is copyrighted ... the artwork, introductory remarks, perhaps there are
variations on the "Little Lamb" theme.  Are there parts of the original
mixed in with the new parts?  Yes.  Are there such works with more than one
kind of license?  Yes.  Look at most song books and you'll see a mix of
copyrights with different songs and hymns holding different kinds of
copyrights (and some with none).  Are there more "restrictive" copyrights as
well as less?  Yes.  Can public domain works be more restrictively licensed?
Yes.  Can anyone other than the original author set new license terms?  Yes.

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Bill
Walton
Sent: Saturday, November 13, 2004 12:04 PM
To: [EMAIL PROTECTED]
Subject: Re: [Hardhats-members] Protecting Pedi Project IP

K.S. Bhaskar wrote:
/snip/

> In the case of the pedi project, I recommend
> the GPL.

As I understand the architecture of VistA, new functionality will tend to
include / result from modifications to existing code rather than simply
additions of new code modules that are completely seperate from the existing
code.  To the extent that this is true it seems to me that there may be some
non-trivial questions that need to be addressed.  For example...

Is is possible for a single piece of source code to have more than one
license?

    If the code is a mix of FOIA software and new
    additions, can the additions be licensed at all?
    For example, "lines 1,2,3 and 7 are FOIA but
    lines 4,5, and 6 are additions subject to the GPL."
    I've never heard of a situation like this.

Is it possible to release FOIA software under a more restrictive license?

    In general, all the OSS licenses I'm aware of
    preclude the licensee from releasing derivative
    code under a more restrictive license.  The
    licensee must give recipients at least the same
    rights he was given.  FOIA software contains
    no license restrictions.  OSS licenses do.  So
    it would seem that there may be an issue
    attendant with the re-release of FOIA software
    under an OSS license.

Is it even possible to for anyone other than the original author to set the
license terms?

    I'm not aware of a situation where someone
    other than the original author(s) has (have) set
    the license terms.  Is there any legal precedent
    for this?

Assuming that FOIA software *can* be re-released by someone other than the
original author(s) under an OSS license, what steps have to be taken?

    In general, for a license to be valid, its terms
    must be presented and accepted.  Most software
    presents you with a license agreement upon
    installation.  Are there accepted alternatives?  Or
    does this capability have to be built into WorldVistA
    software?  Also, for example, many OSS licenses
    require the terms to be included in the source code.
   Anybody sized this effort?

Even if the new code (e.g., pedi) is completely seperate from the existing
code, if the FOIA portion can't be re-released under an OSS license, is
there any precedent in the market for a mixed-license model?

I'm no lawyer, but I'd want the answers to these and other questions before
I contributed code.  If WorldVistA (or anyone else) has already investigated
these issues, is there a document somewhere that provides the answers?

Thanks,
Bill




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