copyright

[maddanio]

hi

i just came across a nice gl helper library with nicely defined data structures and other helpers. now, the copyright notice is kinda like gpl, as in i need to keep the header and such, but there is the little saying "all rights reserved". does that mean they reserve the right to the code as in they could tell me not to use it or claim right to the prog should i ever release it.
and also i am not shure if i can release the other code using it in a gpl release and also put the whole lot on sourceforge...

heres their header (its from nvidia):

/*
glh - is a platform-indepenedent C++ OpenGL helper library

Copyright (c) 2000 Cass Everitt
Copyright (c) 2000 NVIDIA Corporation
All rights reserved.

Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following
conditions are met:

* Redistributions of source code must retain the above
copyright notice, this list of conditions and the following
disclaimer.

* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution.

* The names of contributors to this software may not be used
to endorse or promote products derived from this software
without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

Cass Everitt - cass@r3.nu
*/

[maddanio]

hmmm? :ninja:

[quillbit]

That's just standard boilerplate; it's simply legalese for "we own all this stuff you're about to read, even if you use it in your software."

The three conditional paragraphs and the liability waiver are what you need to pay attention to: don't delete the contract lines, reproduce the contract if you use their work in a compiled application, and don't say something like, "Co-developed by Cass Everitt using state-of-the-art NVIDIA technologies!"


So:

1. "[Could] they could tell me not to use [the library]?"

Perhaps. But it's somewhere south of doubtful that they ever would, unless you violate the contract terms.

I didn't see a modification clause in the contract (that's the "we reserve the right to change anything at any time" line), so it's unlikely that any revisions would be made to the contract once the code's out there. Furthermore, there are common-law restrictions on modifying contracts that would interfere (and are best left to a business and contracts lawyer to discuss).

2. "[Could NVIDIA] claim right to the prog should i ever release it?"

No.

The question is whether software developed using a library can be considered a "derivative work" of the library. Realistically, unless your project is an extension of the NVIDIA library itself, any work you do will be considered an original work, and so the only rights NVIDIA would have would be those previously asserted ("all rights reserved") over its own code.

3. "[C]an [I] release the other code using it in a gpl release and also put the whole lot on sourceforge?"

Yes, as long as you abide by the contractual restrictions.

Of course, standard legal disclaimers apply: do not construe this as legal advice, consult your lawyer for any answers, etc., etc., etc.

[maddanio]

hmm, thanks for that useful clearup!

[blb]

Note that the license they use is your standard BSD-style (http://www.opensource.org/licenses/bsd-license.php) license.