Re:Ask HN: Can I strip out the EULA from an open source proj...
by kblev on Wednesday October 05, 2022 @01:47PM
(#33098827)
Thanks a lot for taking the time to respond. This is how I interpreted the situation as well.
What complicates matters is that the product name is a registered trademark, and the holding company also has patented the tool. I raised these concerns with my management but they still want to proceed, so I saved well the written confirmation. We'll be using the tool internally, no plans to sell it.
Re:Ask HN: Can I strip out the EULA from an open source proj...
by nunobrito on Wednesday October 12, 2022 @07:50AM
(#33175592)
OK, that is not a problem in EU where software are 99,99% impossible to register.
Anyways, a patent applies to an invention. A nag screen would not arguably be the object of the patents for that tool since it wouldn't be their own distinct invention. You can only patent novelties.
You've done well.
In countries based on roman law (non-US, non-UK, non-Commonwealth):
When the code is on github marked as under the Apache-2.0 license by the copyright holder, then it is reasonable to assume that the Apache-2.0 license is applicable for your usage of that source code.
The compiled binaries are a different matter, especially when provided by the copyright holder themselves since they have the legal power to decide on different licenses for the same code.
So in principle a fork is legally possible with the intention of removing the EULA message. In case the copyright holders complain about such action, then the code should not be considered Apache-2.0 as advertised and such entities can be accused of fraud.