RE: [PEAR-DEV] Re: [PEPr] Comment on File System::S3

Hi, till wrote: > > On Dec 6, 2007 7:26 AM, Cesar D. Rodas <saddor@gmail.com> wrote: > > Note this: > > > > http://news.php.net/php.pear.dev/48694 > > > > ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > I was not aware of your package and DID NOT COPY ANY OF YOUR CODE. > > > > I build this code over 3 months ago and used it in the last > month on a > > website and since I was using it in production decided to > release it. > > I have no idea when you came up with it, but there are also other > > people who wrote similar packages. > > > > ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > > > http://news.php.net/php.pear.dev/48697 > > > > ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > I worked on a project a while back where the client wanted to backup > > into S3. They had a bunch of wrappers (straight php, curl) > but it did > > not work. So when I asked them who did this, they didn't > know and said > > it was some intern and it had 0 copyrights/names on it. > > > > I ported the class to use HTTP_Request etc., recently I put in > > CRYPT_HMAC2 as well to go more PHP5 when I used it at > another client. > > And now I will use MIME_Type etc. and change the behavior > from global > > constants to class vars to follow suggestions given in comments. > > > > Both parties told me that they had no problem if I proposed > it to PEAR > > since I made it work and polished it up. So if some intern > indeed took > > your code in the beginning, I am still not aware of this. > The first project > > dates back to over three months ago. > > ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ > > > > Contradictions?, yes or not? > > > > so, why insisting on the lie? > > > > I am young and my English is not awesome, but you I am not stupid. > > > > It would better if he just confessed and the case was closed > > Sorry, there is nothing to "confess".What is this witchhunt? > > There is no contradiction, I was not aware of your class and therefor > did not rip you off or tried to steal anything from you. Point taken > it is your code and I already said that I will credit you accordingly. > I still did not know this when a) I used it, nor b) when I made the > proposal > > I got this code as-is, it did not work for whatever reason so I > started to refactore and build what I call "File_S3" from it. I asked > the people who I contracted for at the time if it was OK with them if > I made this code public and they agreed. > > I know *now* that the original derived from your code and I have > absolutely no issue crediting you for it. That's all I can and will > say. > > Till Studying intellectual property law in Austria and currently in the US, I'd just like to offer some legal clarifications and maybe suggestions for how to prevent this kind of trouble in the future. The following applies to the US, Germany, Austria and to the best of my knowledge all other signatory states of the Berne Convention: 1. You do not need a copyright notice in order for your code to be protected under copyright law. Without having a license, copying 3rd party code just because it has no copyright notice is therefore not a good idea. 2. Copyright infringement does not require intent. Innocent infringement is therefore still infringement. 3. Making (useful) additions and/or modifications (i.e. additional features, refactoring, etc) is no defense against copyright infringement. 4. The licensee's obligations under the BSD License are conditions for the license. By not living up to these obligations, one looses the license. Without having a license copying of the code in general is copyright infringement. My suggestions to prevent this kind of trouble in the future are as follows: - never submit code to PEAR if you do not know who the author of that code is - never submit code to PEAR if you do not have a license for the code (or of course, wrote it yourself) - if you do have a license, ensure that (1) the author's license is compatible with the license you choose for the PEAR project (2) you have fulfilled all your obligations under the license granted by the author (3) you give credit to the author whether the license requires it or not. Cheers, Lukas