Source Code Legal Question

[Fuzzball27]

I would like to download some source code files that are used for FRC. These files are a part of Wind River, not wpiLib, but I have a Mac (and thus no Wind River). One such source file that I need is vxWorks.h (if you don't know what I'm talking about look in Synchronized.h and you will see the "#Include" statement linking vxWorks.h to wpi.)

Thankfully, I have found a place where I can get these source files, but I'm not sure if it is a legal for me to acquire them?

The main reason for my concern is the copyright declaration: "Copyright 1984-1994 Wind River Systems, Inc." At the top of these source files.

Does anyone know wether it is legal for me to get these files?

Are these files open to the public? Is the copyright expired or even relevant in my case since I am a member of FIRST?

[runneals]

Well copyright is for 10 years... Beyond that, I'm not much help... Sorry.

[Jon Stratis]

What do you plan to do with the source code?

Disclaimer: I am not a lawyer, and offer no legal advice.

As part of FIRST, we get Wind River (A commercial product) licenses, and we're bound by the End User License Agreement, just like any other user. Many EULA's expressly prohibit actions like decompiling or reverse engineering, although I've never inspected Wind River. Further, copyright law fully protects source code. Being a part of FIRST does not give us any special rights when it comes to Wind River.

This is very different from WPIlib. WPIlib is released as source code, under an Open Source license. Its files have the following at the top:

/*----------------------------------------------------------------------------*/
/* Copyright (c) FIRST 2008-2012. All Rights Reserved.                        */
/* Open Source Software - may be modified and shared by FRC teams. The code   */
/* must be accompanied by the FIRST BSD license file in the root directory of */
/* the project.                                                               */
/*----------------------------------------------------------------------------*/

It basically says go for it, use it for whatever you want.

So, the two are very, very different when it comes to the rights we have (as a FIRST community) to use or modify them. If we knew what you wanted to use it for, we might be able to point you in a better direction.

[Fuzzball27]

Originally Posted by Jon Stratis

What do you plan to do with the source code?

Along with wpLib.h, I need these source files to be able to write and compile c++ programs for cRio on my Mac. Call me crazy, but these WindRiver files are the only things stopping me now.

I realized that the files I posted are very old, outdated, and useless to me hahaha, but I have found several versions of vxWorks.h on websites such as opensource.apple.com indicating that several versions of vxWorks (as recent as 03/04 timeframe) have been released to the free software foundation. I think I'll just try to contact WindRiver and ask them for a definite answer.

Thanks guys!

[Tristan Lall]

Originally Posted by Fuzzball27

Thankfully, I have found a place where I can get these source files, but I'm not sure if it is a legal for me to acquire them?

Be sure this is actually the right version for your needs. You don't want to be in a situation where you're mixing files not intended to work together (for example, the declarations might not match the latest FRC version). DLL Hell is an example of this in practice.

Originally Posted by Fuzzball27

The main reason for my concern is the copyright declaration: "Copyright 1984-1994 Wind River Systems, Inc." At the top of these source files.

Does anyone know wether it is legal for me to get these files?

Are these files open to the public? Is the copyright expired or even relevant in my case since I am a member of FIRST?

In the U.S., essentially every creative work is copyrighted immediately upon creation, irrespective of registration. The term of copyright in the U.S. is damned near forever, for human purposes—the youngest creator's life + 70 years. (Or the lesser of 95 years from publication or 120 years from creation, for works of corporate authorship.)

However, the fact that something is copyrighted is no bar to there also being a licence or other right that permits you to use it. (Fair use and fair dealing, for example. Other examples include the FIRST BSD license cited by Jon.)

Originally Posted by runneals

Well copyright is for 10 years... Beyond that, I'm not much help... Sorry.

It is not. Check Wikipedia for an extensive list of copyright terms.

Aside:

Originally Posted by Jon Stratis

Disclaimer: I am not a lawyer, and offer no legal advice.

It's kind of a fiction that you need to include this kind of statement.

Lawyers (like engineers) are professionals who you might reasonably rely upon to give expert advice. And courts in some jurisdictions have held that you don't necessarily need a contractual relationship with those professionals to create an obligation to provide correct advice. But in all likelihood, you have to know (or possibly believe) that they're such a professional, and that they're providing you professional services, before that obligation kicks in.¹

Non-professionals have no such duty of care: they're just random people on the Internet. And they're not illegally practicing law by stating their opinions, because they're not creating the impression that they are professionals.

¹ I suppose there could be a jurisdiction where lawyers have an absolute mandate to only provide correct advice, even when there's no substantial evidence that they are a lawyer (rather than some guy who plays one on TV). That would be stupid.

[Fuzzball27]

Yes I replied earlier, but it didn't go through?

I realized that the version I posted was too old (like you pointed out), and that some versions have been released to the public.

[codes02]

vxworks63gccdist.zip from http://digital.ni.com/public.nsf/all...2575CC0076A230 and http://digital.ni.com/public.nsf/all...25756D005E3B74 or
update_vxworks63gccdist.zip from http://www.ni.com/white-paper/5694/en may have the headers you are looking for.

Also, see:
http://www.chiefdelphi.com/forums/sh...05877&langid=2