Re: OpenMP licensing problem: a solution

[Daniel Berlin <dberlin@dberlin.org>]

On Tue, 23 Nov 2004, Mike Stump wrote:

> On Nov 23, 2004, at 12:16 AM, Biagio Lucini wrote:
>> I have made an enquiry to the OpenMP ARB, appended is the answer I 
>> received.
>> My understanding of the meaning of "public domain" is that we are free to 
>> put the code under GPL+exceptions.
>
> My take, I think their email reply is evidence that they have no clue 
> what-so-ever.  I'd suggest that you ask them a yes or no question, and that 
> you accept no another answer other than yes or no.  Now, as to the question, 
> can I do X, where X is all the code that you think might infringe.  Also, 
> bear in mind, what the person says has no legal weight, if they person you 
> are talking to has no legal standing.

It's never a good idea to make assumptions about what principles the law 
follows :).

In this case, what you've said isn't necessarily or even usually true.
Take a gander at the law of agency, in particular the principle of 
"apparent authority" (and also the principles of various forms 
of estoppel). Of course, you'd end up in court in this case, which you'd 
want to avoid, but you don't get to hold yourself out and give legal 
answers on behalf of your employer without any consequences :).

Which brings us to the part where i say this isn't legal advice, doesn't 
represent IBM, blah, blah, blah, blah :)


--Dan