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)?"

Comments

Re:subject

[Otter]

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.

While a) you're most likely right and b) this is the sort of lazy question that gives Ask Slashdot a bad name (Hello! Read the license!):

The fact is that Microsoft did prohibit the use of the Mobile Internet Tools SDK for making GPL-licensed apps.

What about the same question with a GPLed compiler

[AdamBa]

If you used a Wizard produced by a compiler licensed under the GPL...where obviously the source code that the wizard generates for you is contained *somewhere* in the GPLed source of the compiler...is the resulting code a "work based on the Program" and therefore the whole thing is covered by the GPL?

For example consider this from the GPL FAQ:

Can I use GPL-covered editors such as GNU Emacs to develop non-free programs? Can I use PL-covered tools such as GCC to compile them?

Yes, because the copyright on the editors and tools does not cover the code you write. Using them does not place any restrictions, legally, on the license you use for your code.

Some programs copy parts of themselves into the output for technical reasons--for example, Bison copies a standard parser program into its output file. In such cases, the copied text in the output is covered by the same license that covers it in the source code. Meanwhile, the part of the output which is derived from the program's input inherits the copyright status of the input.

As it happens, Bison can also be used to develop non-free programs. This is because we decided to explicitly permit the use of the Bison standard parser program in Bison output files without restriction. We made the decision because there were other tools comparable to Bison which already permitted use for non-free programs.

This makes it pretty unclear. A Wizard is certainly "copy[ing] parts of themselves into the output for technical reasons". It sounds like Bison has an explicit exception for this case, but that's just pragmatism because other comparable tools existed.

- adam