Questions tagged [licensing]

For questions about permission and terms to use intellectual property.

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5
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2answers
1k 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). ...
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2answers
2k 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 ...
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2answers
65 views

Is licensing required to use an excerpt of a song within a recording?

I'm currently recording a cover version of a song for inclusion on a compilation album which will be sold on Bandcamp. Because Bandcamp does not pay mechanical royalties, the organiser of the ...
11
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1answer
559 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 ...
10
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2answers
332 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 ...
6
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1answer
150 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 ...
25
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3answers
4k 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 ...
3
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6answers
898 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 ...
0
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1answer
57 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 ...
6
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1answer
3k views

Who owns copyright of video gameplay captures?

There are many videos on Youtube and it doesn't seem they are being removed, so one might conclude that they do not infringe copyright of the game publisher. But it could also be that for copyright ...
7
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1answer
3k 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 ...
3
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1answer
4k views

Can I use the sound files, generated by the Google Cloud Text-to-Speech freely?

Google sells access to their TTS service at https://cloud.google.com/text-to-speech/. They advertise that you can use it for free, if you use less than 4 million letters (1 million for WaveNet voices)....
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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 ...
33
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6answers
9k views

Do the UK TV licensing rules disregard innocent until proven guilty?

I don't have a TV license, I use Netflix and Amazon Prime. In the UK you have to state that you don't have a TV license and sign a declaration to that effect every 2 years (unless you then get a ...
6
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1answer
177 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 ...
5
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1answer
133 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 ...
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2answers
163 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 ...
2
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1answer
73 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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1answer
165 views

Can I use my own Open Source code in commercial software I'm writing?

If I release some code that I wrote myself with an Open Source license (a WordPress plugin with the GPL2 license, https://www.gnu.org/licenses/gpl-2.0.html), can I then use my own code in commercial ...
2
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2answers
113 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, ...
2
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1answer
56 views

Implications of changing terms of a free license (LGPL, Apache, MIT, Eclipse, etc) after I started using software on old terms

While creating my software (as a developer / startup owner) I rely on the fact that I can use some (software) library for free. I also rely on the fact that I can use it for commercial purpose and ...
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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. ...
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2answers
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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 ...
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2answers
828 views

Is it piracy to obtain software you purchased in an alternate way?

Lets say you purchased software in the 90s or early 2000s, but lost the license key and or the disc. Another possibility is the company is no longer supporting and or does not provide older versions ...
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6answers
2k 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 ...
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2answers
12k views

Can a user sell my software (MIT license) without modification?

Basically, I was just wondering if I release a piece of open source software under the MIT license, does that mean that someone could take it and sell it onto people without doing any modification to ...
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4answers
16k 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 ...
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2answers
1k views

What (combination of) licenses is popular for public/shared proprietary software (“Feel free to contribute, but only we can make commercial use”)?

A software product (a web service) is being developed. In essence, I want the software code to be hosted publicly on GitHub. Anyone should be able view, download, modify, use for personal use, and ...
3
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1answer
123 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 ...
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3answers
1k views

Free, conditional permission/service: contract or not?

This can be seen as another "is a free licence a contract?" question (inspired by this and this), but it focuses on the very basics of the underlying relation between parties. Alice and Bob do not ...
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1answer
134 views

What licensing issues are relevant when writing software using methods from research papers?

I am writing some software that uses methods described in a few papers. The paper describes algorithms in terms of mathematical functions and equations. An example is, for instance, this one). The ...
5
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1answer
94 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)....
5
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1answer
105 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 ...
4
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1answer
153 views

Is it allowed to use a copyrighted music track on a video, but without integrating the audio into the video?

It's generally known that if you use a song to create a music video, you must have obtained a master use license to publish the track as a part of the music video, and also a synchronization license ...
2
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1answer
2k 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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0answers
412 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 ...
1
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1answer
68 views

"GPL version N or later"-licensed code and publishing an EULA as GPL v4

Oftentimes source code is licensed as "GPL version N or later". But what stops some company from taking their EULA, publishing it as GPL version 4 and happily using whatever code they want to use in a ...
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1answer
250 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 ...
10
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1answer
2k views

Can an artist revoke his Creative Commons [CC] content?

Let's say an artist released a photo under a CC licence (for concreteness let's assume the Creative Commons Attribution 4.0 International). You find the photo interesting and save it for later use, ...
5
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2answers
156 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
268 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
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0answers
153 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: ...
3
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3answers
2k 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
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1answer
153 views

If you create something by following a YouTube tutorial, who owns it?

There are many videos on YouTube that teach you how to program. If you search "HTML/JavaScript/Python/[insert any programming language here] tutorial" you will find them. Some of these ...
3
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1answer
140 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 ...
3
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2answers
228 views

Does the acceptance of a software licence constitute a contract? Can such a contract be closed without using said software?

This question revolves around the (unresolved) question in the open source community, whether "dynamic linking" against a GPL-licensed library requires your software to be GPL-licensed, as well. I ...
3
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1answer
617 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 ...
2
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1answer
188 views

Do you have to unlock your devices for TV licence inspections?

In this answer Matthew mentions that Section 366 of the Communications Act 2003 grants the person executing the warrant the power to examine your equipment. Specifically it says give the person ...
2
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3answers
127 views

Is there case law supporting the view that literary themes are protected by copyright?

(I am not certain that "literary theme is the technically correct term: my question is contain in the body of the question). It is standard legal knowledge that copyright law protects expression ...