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Re:Do open source licences cover the Ship of Theseus? by dtech on Saturday June 10, 2023 @02:40PM (#36273529)
Interesting, this does sound a bit like clean-room reverse engineering which is a tried-and-true method for reproduction without breaking copyright, but you having access to and having reviewed the GPL implementation would break that mold.
Re:Do open source licences cover the Ship of Theseus? by dspillett on Saturday June 10, 2023 @03:01PM (#36273786)
It is very similar in spirit to how mp3 patents were worked around back on the late 90s / early 00s.

Of course copyright and patents are different beasts, so this similarity is probably legally insignificant.

Re:Do open source licences cover the Ship of Theseus? by emodendroket on Saturday June 10, 2023 @03:02PM (#36273801)
Yeah, adding another engineer to the process would probably make it "cleaner" if you thought the other party was motivated to want to sue you.
Re:Do open source licences cover the Ship of Theseus? by maxloh on Saturday June 10, 2023 @03:14PM (#36273983)
It is very similar to what Google did for Java SE libraries too.
Re:Do open source licences cover the Ship of Theseus? by doctorpangloss on Saturday June 10, 2023 @03:32PM (#36274176)
> Interesting, this does sound a bit like clean-room reverse engineering which is a tried-and-true method for reproduction without breaking copyright

To me, it seems obvious that if the developer read the code that's getting replaced and reproduced its behavior to the T, by reading it and running it many times... that's the opposite of a clean room implementation. What do you think a dirty room implementation is then?

I'm not saying you are right or wrong, I'm not an IP attorney and I think IP is really boring. I can see how if a developer at a giant company rewrites open source X in Swift, C# or Golang in order to exploit it commercially, there could be a cathedral of opinions that would support, "Okay, this is what is meant by clean room." In the same way that BigCo developers work with their attorneys to file patents for ideas they saw elsewhere and didn't invent all the time. It's one of many possible beliefs about IP, and it can even thrive in reality, but it doesn't mean it is a correct one.

Re:Do open source licences cover the Ship of Theseus? by zugi on Sunday June 11, 2023 @04:14PM (#36285147)
My understanding is that the clean room approach is tried and true and sufficient to avoid copyright infringement. So BigCo and other organizations that worry greatly about liability insist on it.

However I'm unaware of case law indicating that it's strictly necessary. If the final implementation differs enough from the original, no copyright infringement occurs and no one is going to sue anyone, so the steps taken to arrive at the new version are less relevant.

Re:Do open source licences cover the Ship of Theseus? by klyrs on Saturday June 10, 2023 @05:19PM (#36275223)
From the wikipedia clean room page:

> Typically, a clean-room design is done by having someone examine the system to be reimplemented and having this person write a specification. This specification is then reviewed by a lawyer to ensure that no copyrighted material is included. The specification is then implemented by a team with no connection to the original examiners.

Without the disconnection between examiners and implementers, it's only slightly similar to a clean room. And we have new case law to consider: an API may be subject to copyright, and those unit tests are highly suspect under that lens.