Is Wizard-Code a Derived Work?
worldcitizen asks: "Now, with all the noise from the SCO case regarding copyrights, what constitutes a derivative work and who owns what, a question started creeping up: What would happen if Microsoft starts claiming copyright infringement or other Intellectual Property claims in the wizard-inserted code that Visual C++ generates? Would it be possible that even the simplest 'Hello, world' is tainted? Copyrights don't even require uniform enforcement. Could they selectively enforce it on Free Software projects for Windows that have used VC++ for development? Could they license it in such a way that makes it illegal to use Visual C++ for Free Software? Should this be a wake-up call to never use Visual C++ unless you have a cross-licensing agreement with Microsoft (obviously not for Free Software projects)?"
Code wizards are way more trouble than they're worth anyway. Especially with GUI designers, the code they generate is totally un-maintainable. I've had GUI designers barf on me just because I reformmated the comments in my code, and once that happens, you might as well throw all your GUI code out and start over.
Sure, writing it from scratch takes longer. But it takes a whole lot less time than re-writing the entire user interface when your boss says "move that button over there".
What would happen if Microsoft starts claiming copyright infringement or other Intellectual Property claims in the wizard-inserted code that Visual C++ generates?
Nothing yet, since they currently don't do this kind of limiting with the wizard-code.
Would it be possible that even the simplest 'Hello, world' is tainted?
Yes, if they prove that your Hello World came from a Wizard instead of other method. (highly unlikely)
Copyrights don't even require uniform enforcement. Could they selectively enforce it on Free Software projects for Windows that have used VC++ for development?
If they make a license which says "Forbidden to use with Free Software", and someone uses it, then yes.
Could they license it in such a way that makes it illegal to use Visual C++ for Free Software?
Yes.
Should this be a wake-up call to never use Visual C++ unless you have a cross-licensing agreement with Microsoft (obviously not for Free Software projects)?
No. They won't do this.
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This reminds me of the April Fools Day ask Slashdot question:
"Isn't it possible that Microsoft is using GPL code in Windows, and we could NEVER KNOW ABOUT IT?! Since we'd never know, they're probably doing it already. Has anyone notified the FSF? What are we going to do about this!?"
The obvious place to look for answers to this sort of question is in the VS license. If you don't like the terms of that license, use Emacs, dude.
Hehe. "I wrote my novel using MS Word. Now that I'm selling it, couldn't MS come after me for copyright infringement, since I used their pagination tools?"
There are no trails. There are no trees out here.
In the few situations I've seen, the inputs to the tools are thought of as being the "real" source code, and the C output is conceptually treated as object code, as weird as that might seem.
So, just copyright your stream of mouseclicks into the Microsoft IDE. They're your clicks; you invented them. And if someone else clicks on the pixel 51 down and 325 to the right of the upper left corner of their IDE's window, sue their ass off!
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