Hi,

I wrote a private email to Jean. Some aspects I write here as comments to
Richard an Jean.

On Fri, Jun 25, 2010 at 08:11:29AM +0200, nap wrote:
[...]
> First mail :
> <<<<<------
> Richard Stallman <r...@gnu.org>
> reply-to      r...@gnu.org
> to    nap <napar...@gmail.com>
> cc    licens...@fsf.org
> date  Wed, Jun 23, 2010 at 11:23 PM
> subject       Re: AGPL software reimplementation of a GPLv2 one is allowed?
> mailed-by     gnu.org
>       
>       
> I am not a lawyer, but I know the answer is not so simple.
> 
> You can use the algorithms you learn from reading their code, but
> translating the code into another language would surely infringe
> copyright.  For intermediate possibilities, the answer may not be
> clear, so you would need to talk with a lawyer for advice.
> <<<<<<---- EOF

In Germany lawyers talk about something called "Schoepfungshoehe" if you
want to register a patent. It can be translated with "level of
innovation". IMHO this aspect is also important here. Jean looked into
Nagios code. But if this code was a "simple" or "standard" algorithm then
it will be impossible to claim any rights for it.

[...]
> Like you should already see, we remove "reimplementation" and "fork"
> from all places we can. Now Shinken is "compatible with". This should
> be better for both projects to do not think our codes are inherited.

Maybe you should specify it more: "compatible with Nagios plugins",
"compatible with ..."

I think it's better if you don't mention "Nagios" but only "Nagios
Plugins", "Nagios API" or something else. No lawyer should think that
there's a job for him to be done. ;-)


best regards,
Frank Bergmann

-- 

EDV Frank Bergmann                           Tel.     05221-9249753
LPIC-2 Linux Professional                    Fax      05221-9249754
Elverdisser Str. 25                          email    iserv...@tuxad.com
32052 Herford                                USt-IdNr DE237314606


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