Chan Rasjid wrote:
From the findings of Zach, I am not surprise Vasik "cloned" Fruit to start with. But what Vasik did was wholly acceptable simply because Fruit is open source. Once sources have become public, nothing within the sources should constraint the action of others otherwise releasing such sources have a highly negative impact on the freedom of action of others. Basing only on this premise that GPL must not have any negative impact on the freedom of action of others, cloning anything from open souces is wholly acceptable. The only restriction is we need to open our sources if we start off directly using the GPL sources.
Reverse engineering may be viewed wholly from the legal viewpoint and then Ippolit would be found to be either legal or illegal strictly by law. But the many people, as well as the ICGA, practice their own law in real situations. They could ban even legal programs according to their own rules.
There is also the ethical viewpoint. I don't think it is right that "if reverse engineering is acceptable in engineering, etc... it is acceptable to software ...". Rarely is it right to make some simple rule of thumb and say it is applicable in all situations delineated through some "texbook" style of interpretation. If the way of decision making in life is so simple and direct, probably human society don't need courts of law to deliberate on lawsuit. Rybka 3 is sold with some unwritten understanding which is :-
"... I Vasik Rajlich put up for sale ... this very powerful top chess programs for endusers ... and please don't peek into the binary ... and then steal my ideas to compete with me... I don't like it... ". In this way, I think Ippolit could be illegitimate as it destroys the legitimate commercial interest of Rybka.
Rasjid
Please correct my summary of your comment if you believe I misunderstood. You are saying that it is OK to break the law to make money while on-the-other-hand, it's not OK to follow the law to spread knowledge that helps a community.
It would be silly for me to say Rybka "cloned" Fruit. Rybka took code line for line, modified procedures, and in some cases expressed the same ideas differently. Rybka source is then closed and the binaries were distributed for sale. Fruit being GPL is the problem.
GPL does not allow mixing closed-source with open-source. So how does one justify "cloning anything from open source is wholly accepted?"
Working on premises that Rybka is a legal and legitimate program; an engineer obtains a Rybka binary being a scientist interested in advancement of computer chess -- disassembles it, uses ideas found combined with new ones to produce a stronger program, and then releases the source to the community. We are not talking about code copying line for line, but rather expression of ideas which is legal.
From an ethical stand point, perhaps my priorities are misguided, because I really don't understand the current state of affair.