Questions tagged [licensing]

For questions about permission and terms to use intellectual property.

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2
votes
2answers
409 views

Are terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
5
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2answers
1k views

How can “factual” intellectual property be protected?

As noted in this answer: Facts and information cannot be copyrighted. Just because a work is copyrighted, doesn't mean every part of that work is copyrighted, and factual information conveyed ...
9
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2answers
224 views

At what point and how should I change the license/Copyright notice when I create a derivative?

If I take a piece of software that is licensed as MIT (quoted at the end), and use it as a scaffold to create for my own thing, do I need to keep including the old license perpetually? This would seem ...
8
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1answer
1k views

Can I get my answers deleted from Stack Exchange?

According to a moderator statement in meta that I read, Stack Exchange claims a "license" on the answers and questions which a user has posted. From a copyright standpoint can a claim be made or a ...
7
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1answer
273 views

Trade restrictions on open source software

Apparently the US has put Huawei on a trade blacklist that prevents US companies to trade with Huawei. With hardware and proprietary software it is straightforward how this can be executed (don't make ...
4
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1answer
120 views

If no licence is distributed with an application/source code, what license applies by default if any?

If no license is distributed with an application/source code, what license applies by default if any from a legal standpoint? Edit: If bob makes source code. And bob has never placed any license in ...
2
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0answers
40 views

Familial exemption for investment advisor representative

My parents have asked me to trade for them and they offered me a fraction of any profit. My plan is to set up a limited trade agreement and then manage the account's trades. Before doing so, I want ...
20
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3answers
3k views

Do disclaimers need to be capitalized?

Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the GNU GPL: THERE IS NO WARRANTY FOR THE PROGRAM, TO ...
4
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1answer
2k views

Do I need to include the full text of the MIT license in the UI of my app?

We're using an open-source software library which is distributed under the MIT license. The key line of the license is as follows: The above copyright notice and this permission notice shall be ...
4
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1answer
71 views

Using copyrighted material falsely advertised as Creative Commons or public domain (in U.S.)

You're searching for images to use in a book you're working on. You find an image with a Creative Commons license on Wikipedia or some other website. So you use it, adding the proper attribution. But ...
2
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1answer
60 views

How can one verify a purportedly freely licensed image on a user-content site?

Based partly on comments to this question, how can a person who finds an image on a site, such as flickr, that hosts user-uploaded images verify that the it is in fact free to use. Suppose that the ...
2
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2answers
101 views

Where is the line between idea/expression dichotomy?

Just wondering where idea become expression. Let's take The Lord Of The Ring as an example, if i want to write a boook about two alchemist heading to a tower in order to destroy the ring of evil, ...
1
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2answers
79 views

America's Cup boat model

We would like to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to replicate ...
1
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2answers
1k views

Rubik's cube image rights

Some time ago I have created an Android application as a part of my bachelor's thesis. The application can advice user how to solve Rubik's Cube, and user also can play the Cube using touchscreen. ...
1
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1answer
42 views

Should I copyright my original code before registering the current version?

I have a question regarding best practices when it comes to code copyright. The company I'm working for would like to register their code in the US Copyright Office. However, they first published ...
14
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6answers
1k views

Can one take BSD licensed code and distribute it under GPL?

Prompted by https://opensource.stackexchange.com/questions/304/can-i-take-bsd-licensed-code-and-distribute-it-under-gpl. The OP asks: Can I take code which is licensed under a permissive open ...
7
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4answers
12k views

Will using a cover of a song in a film free me from legal obligations?

I want to use the song "Whole Lotta Love" in my upcoming film. Obviously the song is copyrighted by led Zeppelin. So I'm planning to get a few musicians and cover the song and then use it as a ...
5
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1answer
78 views

(Re-)formatting and displaying of software licenses/privacy policy/impressum

I'm currently trying to include and render all the software licenses of products which are used by my software, a privacy policy and an impressum (necessary by German law; stating contact information)....
3
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0answers
53 views

Is it possible to license only parts of a derivative work?

This is kind of a follow-up question to one I asked earlier. I thought that if I generalize it, it would be better to ask it separately. I want to create a derivative work of another work, which is ...
2
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1answer
1k views

Do portfolio projects count as 'commercial use'

I may be overthinking this bit but... I want to use a certain audio file with creative commons license, which states that I may not use it for commercial purposes. Hence the question: do portfolio ...
2
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1answer
81 views

Searching license to allow commercial use but not selling

I'm currently distributing my software to create websites under the Creative Commons BY-SA 4.0 license. Now some people are selling my software as it is, which is allowed by this license. I don't like ...
2
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0answers
395 views

Google Maps Licensing

I had a question regarding the ToS of Google Maps/Earth, it can be found here: https://developers.google.com/maps/terms Section 9.1.1a states that: (a) Free Access (No Fees). Your Maps API ...
0
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1answer
162 views

SIL OFL License v1.1 and Embedding Icon Fonts in Software Binaries

I am unclear on some of the nuances of the OFL when it comes to things like modifications and what that means in terms of permission to redistribute it. My use-case is as follows: I developed a ...
5
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2answers
126 views

Are loose in-box licensing agreements binding?

I just purchased a vacuum cleaner and upon opening the box, there was a loose sheet of paper with a licensing agreement. The agreement said that using the product constituted acceptance of the ...
4
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2answers
161 views

Is there a way to open source license my music?

I own all components of the songs- beat, samples, vocals. I want anyone to be able to use it for any reason without my permission (I have my reasons).
3
votes
2answers
129 views

Can a provider of content restrict use of the content when they have no intellectual property rights to it?

In this question I asked whether someone who recovers an old, noncopyrighted work via technical processes can claim copyright on the result. The answer suggested that they could not, but that they ...
3
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3answers
1k views

If I create slightly altered version of apple emoji glyphs, would that protect me legally?

I want to use apple's emoji font in my android application. Both ios and android market is flooded with the apps that use apple emoji glyphs in their app and I am sure none of them are licensed with ...
3
votes
1answer
137 views

When is a lawyer in violation of his license with regard to advice on the law?

I think it's probably obvious that a lawyer cannot tell his client where to stash the body his client just murdered. I think it's also probably pretty obvious (but less so) that a lawyer cannot tell ...
2
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0answers
52 views

Does a merger clause nullify implied terms?

The SE legal link says that using SE constitutes an agreement to certain terms. Section 3 on subscriber content states that "all Subscriber Content that You contribute to the Network is perpetually ...
2
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1answer
79 views

Is something including an unmodified work considered a derivative work?

Let's say I want to publish a book which contains an extract of a Wikipedia article. I don't want to modify the extract in any way, I just want to copy it into my book. Wikipedia text seems to be ...
2
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0answers
125 views

Carelessly used Visual Studio Preview to develop an app that I'd like to release; what are my options?

A game. It started as an academic project, though I've always intended to release it (for free) at some point. I checked the licence terms of Visual Studio 2017 Community. Happy, happy, joy joy: ...
2
votes
5answers
330 views

How are open source licenses valid without consideration?

I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties. With this in mind, how can licenses for ...
1
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1answer
34 views

When I have the right to use/copy/publish/distribute/etc. content, does this also imply the right to license the content?

I have a website (hosted in the US) where users can publish their content. Per my terms of service, the users license their content to me so that I have the right to use, copy, cache, publish, ...
1
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1answer
138 views

Am I allowed to use a students license for my Bachelor Thesis at work?

I am doing a integrated degree program in Germany. As a student, I have free access for a variety of software programs. It is important that I may not use these for commercial purposes. I am now ...
1
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1answer
344 views

Algorithm (pseudo)code in academic papers — what is the copyright/license status?

When you see an algorithm described in pseudocode in an academic paper, what are you legally allowed to do with it, from a copyright and/or licensing standpoint? Could you legally just copy-paste this ...
1
vote
1answer
260 views

What are the differences and similarities between copyright and licensing?

Creative Commons licenses, for example, and copyright are not mutually exclusive. In fact, it is common practice to use the © symbol on a book's copyright page when using a CC license. Thus, what is ...
1
vote
2answers
113 views

Fair use: is legality of use determined separately from legality of source?

Youtube and other content sites have extensive resources (Youtube Fair Use Guidelines) that describe the conditions for fair-use. However, these do not contain adequate treatments of legal content ...
1
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1answer
50 views

Using short quotes from published, well-known literary works in a product [duplicate]

In order to create and sell a card game with each card having a short (25-50 words) quote from a book, is a licensing agreement needed or is this fair use? Assume the books are recent enough to be ...
1
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0answers
63 views

Do licence terms of Microsoft Visual Studio Community allow me to distribute applications developped with it?

From the licence terms ofMicrosoft Visual Studio Community: Individual License. If you are an individual working on your own applications to sell or for any other purpose, you may use the software ...
1
vote
1answer
39 views

Copyrights of material that would be used for both commercial and non-commercially

I want to include some audio materials in a mobile app that I am developing. Those audio materials are "free to use or redistribute for non-commercial use". My app is free but I will put Ads. ...
0
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1answer
52 views

Understanding 'Adapted Material' for illustrations in a book

Suppose an author is intending to create a book using several (unmodified, pre-arranged/ordered) illustrations which are available under a CC BY-SA 4.0 license. Is the author required to share the ...
-1
votes
1answer
39 views

Trademarks replicate - America's Cup boat model [duplicate]

We receive an order to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to ...
-3
votes
3answers
6k views

Legal to “drive” without a license [duplicate]

Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236: The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in ...