If I use a piece of code taken from free access (without indicating the license on it) in part of my project, have I violated any legal frameworks? Or should I indicate in my project the author, whose piece of code I took? And does he have the right to demand from me the obligatory indication of his co-authorship (if, in the place where I took the code, his authorship was not clearly indicated)? Can he demand to remove not to use his workings out? How can you prove your authorship for a code freely posted on the Internet? If my code is very hike to the code of some developer, and he expresses his displeasure? How to be in this case? How to understand where to begin and end the scope of copyright, relative to the source code?

    2 answers 2

    If the code is simply uploaded to the site without a license, then you cannot use it in any way except to just read: the copyright remains with the author of the code, and only he can determine what can be done with his code. Fully define. Thus, if the author wishes, he may request that you list him as a co-author; and may require that they not indicate; he can also prohibit the use of his code (for example, saying that the code is laid out only for training purposes). Everything is in the hands of the author.

    If the code is laid out without a license, this means that the author simply did not bother to communicate his terms of use of the code, and not at all that the code can be used at your discretion. Contact the author for clarification.

    There is the concept of "public domain" (public domain), which means that the author waives his rights to the code, and anyone can do whatever he wants with this code. But in this case, it should be explicitly written on the site. By the way, as far as I know, in Russia it is impossible to give up copyright, that is, you cannot transfer your creation to the public domain - it can become public property only 70 years after the death of the author.

    In any case, if the license code is not specified, you should contact the author directly, and find out the conditions for using his code. If your project is serious and large, then these conditions should also be legally formalized so that there are no problems in the future.

    About similar codes, and "where the frames begin and end." In some ways a philosophical question. Here, in my opinion, nothing can be said except the following cynical statement: in court, you can prove anything you want, if there are lawyers and money. Some try to read the law a hundred times in order to understand the great idea that was laid in it, and then logically consistently draw these very frameworks. Lawmakers are trying to mention in the law all possible cases that can only be (and the authors of the programs write huge texts of licenses, where everything is written for all occasions) - and all the same, they and others will look at something, and get a clue using which it will be possible to interpret the law / license ambiguously. Idealized ideas about copyright, protection of intellectual property and, in general, the law , in my opinion, have no rational basis and contradict themselves. (Anarchism, yes; and generally a controversial issue, so I will not continue).

    Therefore: do not rely on your judgment about the things that the author kept silent - directly ask him about it; legalize everything you can; have money and lawyers.

    • If your question is slightly exaggerated and write for(int i=0; i<10; i++) , then we can say that this is my code and no one can use it. I personally wrote many times the code and algorithms with a similar implementation of which I came across on the Internet, and that now I stole someone else’s property? - Dex
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      Here is just the case that there is a philosophical part of my answer. Whether you were kidnapped or not depends on the definition of the word kidnapped. In response to a question, I proceeded from the practical legal definition: you have kidnapped, if the court so decides. And the court can theoretically convict you even for one for loop - because the line between the code that can be written, because "they still write, and I wrote many times," and the one that will be considered stolen is not clear from the laws. - quyse
    • Thank you very much. Your answer gave a significant clarification. - stribog

    Keywords: free access, no license. Prove that this is his code, he can not in any way. The code is not yet patented.

    But from my point of view, whether or not to indicate it in the authors is a matter of your conscience.

    • If it was GPL code, then no, both of you are wrong. Because Any code containing a GPL code must be under a GPL license. It is like a virus. Be carefull! <P> This is, if you explain it like this at a primitive level. Actually, in fact, you need to look at the license, negotiate with the author (s) of the program in private. <P> <i> The code is not patented yet. </ I> <p> But this does not prevent us from registering the program and copyright <p> <i> Prove that it’s his code that he cannot in any way </ i> <p> Disassemble and prove the identity of the algorithms is not a problem if it is worth it. - gecube
    • It's easier to disassemble. We live in a civilized country, in the Wild West, it seems, it can be considered a crime. - alexlz
    • @gecube, are you reading the question? "taken from free access (without a license pointing to it)", where does the GPL come from? "But this does not prevent the registration of the program and the copyright of it.", Have you registered a lot of programming code? “Disassembling and proving the identity of algorithms does not represent a problem if it is worth it,” aha, and if two people wrote an identical algorithm, it always means that one of them is lying and most likely not the one who came to complain first? - Dex
    • <b> alexlz </ b>, <p> <i> here in the wild West, it seems, can be considered a crime. </ i> <p> In the civilized West, it is not considered incorrect to listen to ordinary citizens as part of the fight against terrorism . And then use these 'clues' in practice. <P> <b> Dex </ b>, <i> where does the GPL then come from? </ I> Sucked from the finger: we all know that the M $ Windows source code has leaked to the network , KAV and other well-known software products. You can find these files. And you can find code snippets without indicating where they come from. But from this they will not cease to be the source codes of these products. - gecube
    • Therefore, to use in a commercial product any code taken from where is fraught. In addition, there may be errors and bookmarks. On the other hand, for personal use - you can do whatever you want at all. <P> <i> Did you register a lot of programming code? </ I> <p> This does not apply. <P> <i> and if two people wrote Identical algorithm, then it always means that one of them is lying and most likely not the one who came to complain first? </ i> <p> The patent on bubble sorting sounds silly, of course :-D But on some algorithm encryption - why not? - gecube