Q: Do copyleft licenses permit the use of the general idea of a piece of software?
Say, I read the code of a GPL'd program and wanted to write my own version, not copying any of the code from the program, just utilizing the idea of how it works. Would still be forced to license it as GPL?
Another example is if I wanted to port a GPL'd driver to another kernel. I would not have reused any of the original code, just the general idea. Would I still have to license it as GPL, or does that not count as a derivative and I could use any license I want?
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A:
Copyleft licenses like the GPL, which are designed to protect the freedom of code, are governed by specific rules that determine the permissible use of the code. Let me explain the technicalities of your questions.
If you read the code of a GPL'd program and want to write your own version, you can certainly utilize the general idea of how it works. However, you must be careful not to create a derivative work, as this would trigger the copyleft requirements of the GPL. The definition of a derivative work under the GPL is broad, and includes any work that is based on or derived from the original code, regardless of whether the original code is copied.
Therefore, if your new version is found to be a derivative work, you would be required to license it under the GPL. This means that anyone who receives or uses your code must also abide by the terms of the GPL, including the requirement to release the source code and make it freely available.
Similarly, if you wanted to port a GPL'd driver to another kernel, you must be careful not to create a derivative work. Even if you do not reuse any of the original code, the general idea may still count as a derivative work under the GPL. Therefore, you would need to analyze the similarities between your new work and the original driver to determine whether it is a derivative work or not.
If your new work is found to be a derivative work, you would be required to license it under the GPL. This means that anyone who receives or uses your work must also abide by the terms of the GPL.
In conclusion, copyleft licenses like the GPL permit the use of the general idea of a piece of software, but the creation of a derivative work triggers the copyleft requirements of the license. It is important to understand the rules of the specific license and analyze the similarities between your work and the original code to determine whether it is a derivative work or not.
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